[2019] KEHC 5373 (KLR)
The court found that there was confusion regarding the forum in which the citation for substitution was to be disposed of, as the citation was not on record in the High Court file. Without the citation properly before the court, it was not possible to proceed with the ruling or make orders on substitution. The court...
Source-derived case information.
- Citation
- [2019] KEHC 5373 (KLR)
- Parties
- Respondent: Kiarago Rimunya; Applicant: Wilson Njeru Njagi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 82 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution and Citation After Death of Petitioner
- Outcome
- Ruling deferred; directions issued for substitution and regularization of documents.
- Judges
- FN Muchemi
- Legal Topics
- Succession Proceedings, Substitution of Parties, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiarago Rimunya
Respondent
Wilson Njeru Njagi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Substitution and Citation After Death of Petitioner
Legal Issues
- 1 Whether the citation for substitution of the deceased petitioner was properly before the court.
- 2 Whether the appropriate forum and procedure for substitution had been followed.
Ratio Decidendi
The court found that there was confusion regarding the forum in which the citation for substitution was to be disposed of, as the citation was not on record in the High Court file. Without the citation properly before the court, it was not possible to proceed with the ruling or make orders on substitution. The court emphasized the need for parties to regularize their documentation and for the advocate who had delayed substitution to act within a specified period. The ruling was thus deferred, and directions were given to ensure compliance with procedural requirements for substitution in succession matters.
Court Disposition
Ruling deferred; directions issued for substitution and regularization of documents.
Orders
- Parties to regularize their documentation and move the court as necessary.
- Mr. Andande is given thirty (30) days to substitute his client.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT EMBU
MISC. SUCCESSION CAUSE NO. 82 OF 2008
IN THE MATTER OF THE ESTATE OF REAH WANJUE MURATHI(DECEASED)
KIARAGO RIMUNYA...................................PETITIONER/RESPONDENT
VERSUS
WILSON NJERU NJAGI.............................................................APPLICANT
R U L I N G
1. This ruling pertains to a citation against a son of the deceased dated 16/4/2018 in regard to matters of substituting the petitioner in this cause, now deceased.
2. On the 19/9/2017 this matter came up for the hearing of the application dated 20/7/2017 for revocation of grant. At the time, it was brought to the attention of the court that the Petitioner who was represented by Mr. Andande had passed away and that plans were underway to file an application for substitution.
3. Subsequently, on the 22/5/2018, Ms. Ndorongo for the applicant herein informed the court that since Mr. Andande had taken too long to substitute his client she had been taken out a citation in the magistrate’s court which was pending hearing. The matter never proceeded for hearing and on the 3/12/2018 the parties with the exclusion of Mr. Andande consented to dispose of the citation by way of written submissions.
4. I have perused the record and I do not find the said citation. It is my view that there is confusion in the forum to dispose of the citation.
5. It was therefore not possible to write the ruling that was to be delivered today the 25/07/2019.
6. Parties are hereby advised to put their documentation in order and move the court if need be.
7. Mr. Andande who has taken over two (2) years to substitute his client is given thirty (30) days to do so.
DELIVERED, DATED AND SIGNED AT EMBU THIS 25TH DAY OF JULY, 2019.
F. MUCHEMI
JUDGE
In the presence of: -
Ms. Kungu for Ndorongo for Applicant
2nd Respondent present