[2024] KEHC 14614 (KLR)
The court found that the application was unopposed and that all facts presented by the applicant remained uncontroverted. The applicant demonstrated that there were parallel proceedings in the subordinate court and in the succession cause, and that a stay was necessary to avoid conflicting decisions and to ensure...
Source-derived case information.
- Citation
- [2024] KEHC 14614 (KLR)
- Parties
- Applicant: Lydia Wanjiru Kimani; Respondent: Joseph Musyoka Nzoka
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E203 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Stay and Supervisory Orders
- Outcome
- Application allowed as prayed; stay of proceedings granted and supervisory jurisdiction exercised.
- Judges
- DO Chepkwony
- Legal Topics
- Stay of Proceedings, Supervisory Jurisdiction, Succession Disputes, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Wanjiru Kimani
Applicant
Joseph Musyoka Nzoka
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Stay and Supervisory Orders
Legal Issues
- 1 Whether the applicant is entitled to an order of stay of proceedings in Githunguri MCELC Case No.035 of 2023 pending determination of the succession cause.
- 2 Whether the High Court should exercise its supervisory jurisdiction over the subordinate courts in relation to the referenced cases.
- 3 Whether the unopposed nature of the application warrants granting the orders sought.
Ratio Decidendi
The court found that the application was unopposed and that all facts presented by the applicant remained uncontroverted. The applicant demonstrated that there were parallel proceedings in the subordinate court and in the succession cause, and that a stay was necessary to avoid conflicting decisions and to ensure the fair administration of justice. The court exercised its supervisory jurisdiction to call for the records of the subordinate court and the succession cause for examination and to issue appropriate directions. The orders sought were therefore merited and granted as prayed, with costs to be in the cause.
Court Disposition
Application allowed as prayed; stay of proceedings granted and supervisory jurisdiction exercised.
Orders
- An order of stay of proceedings and all subsequent orders in Githunguri MCELC Case No.035 of 2023 is hereby issued pending hearing and determination of Summons for Revocation and/or Annulment of Grant in Githunguri Succession Cause No.149 of 2015.
- The High Court calls Githunguri MCELC Case No.035 of 2023 and Githunguri Succession Cause No.149 of 2015 for examination and directions in exercise of its supervisory jurisdiction.
Full Case Text
Judgment text and source record
20 paragraphs
Kimani v Nzoka (Miscellaneous Civil Application E203 of 2024) [2024] KEHC 14614 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14614 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E203 of 2024
DO Chepkwony, J
November 14, 2024
Between
Lydia Wanjiru Kimani
Applicant
and
Joseph Musyoka Nzoka
Respondent
Ruling
1. This matter is for mention for parties to confirm compliance of directions issued on 11th October, 2024 in respect of a Notice of Motion application dated 9th October, 2024 and take a ruling date.
2. Having listened to both counsel for the parties, it is clear that the application is unopposed.
3. In the application dated 9th October, 2024, the Applicant seeks for orders that :-a.Spent;b.That this Honourable Court be pleased to order of stay of proceedings and all subsequent orders in Githunguri MCELC Case No.035 of 2023 pending hearing and determination of Summons for Revocation and/or Annulment of Grant in Githunguri Succession Cause No.149 of 2015. c.That this Honourable Court do exercise its supervisory jurisdiction over the subordinate courts and call Githunguri MCELC Case No.035 of 2023 and Githunguri Succession Cause No.149 of 2015 for examination and give directions it consider to ensure that fair administration of justice give directions it considers appropriate to ensure that fair administration of justice.d.That the costs of this application be provided for.
4. The application is premised on the grounds set out on its face and Supporting Affidavit sworn by Lydia Wanjiru Kimani, the Applicant herein on even date.
5. The application is unopposed and therefore all the facts before court remain uncontroverted. The application is therefore merited and allowed in the following terms:-a.That an order of stay of proceedings and all subsequent orders in Githunguri MCELC Case No.035 of 2023 be and is hereby issued pending hearing and determination of Summons for Revocation and/or Annulment of Grant in Githunguri Succession Cause No.149 of 2015. b.That in exercise of its supervisory jurisdiction over the subordinate courts, this Honourable Court hereby calls Githunguri MCELC Case No.035 of 2023 and Githunguri Succession Cause No.149 of 2015 for examination and directions.c.That the costs of this application be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF NOVEMBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Marai counsel for the ApplicantMr. Mwakireti counsel for the RespondentCourt Assistant - Martin