[2016] KEHC 6896 (KLR)
The court determined that, although the applicant had provided reasons for seeking review of the previous ruling, the orders sought directly affect the administration of the deceased's estate. Therefore, it is necessary and prudent to involve all beneficiaries before making any substantive orders. The court directed...
Source-derived case information.
- Citation
- [2016] KEHC 6896 (KLR)
- Parties
- Applicant: Lawrence S. Muruthi Gachoya; Respondent: Milka Wothaya Gitahi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Prior Orders
- Outcome
- Application deferred pending service of application on all beneficiaries.
- Legal Topics
- Succession, Letters of Administration, Review of Orders, Beneficiary Notification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence S. Muruthi Gachoya
Applicant
Milka Wothaya Gitahi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Prior Orders
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for review of the ruling delivered on 13th February 2007.
- 2 Whether all beneficiaries of the deceased's estate must be served before orders affecting administration are granted.
Ratio Decidendi
The court determined that, although the applicant had provided reasons for seeking review of the previous ruling, the orders sought directly affect the administration of the deceased's estate. Therefore, it is necessary and prudent to involve all beneficiaries before making any substantive orders. The court directed that all beneficiaries listed in the supporting affidavit be served with the application, ensuring that their interests are considered in the proceedings. This approach upholds the principles of natural justice and fair hearing, as required by the Law of Succession Act and the Constitution.
Court Disposition
Application deferred pending service of application on all beneficiaries.
Orders
- All beneficiaries to the deceased's estate must be served with the application for review before further orders are made.
- Right of appeal within 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 6 OF 1993
IN THE MATTER OF THE ESTATE OF THE LATE JOHANA GITAHI GACHORA alias GITHAI GACHORA alias GITAHI GACHAHI-DECEASED
Lawrence S. Muruthi Gachoya ………….........…………Petitioner/Applicant
Versus
Milka Wothaya Gitahi………………...….…………….............................Objector
RULING
By way of a summons dated 4th November 2015 expressed under the provisions of Article 48 & 159 (2) (a) & (d) of the Constitution of Kenya 2010, Section 47 of the Law of Succession Act,[1] Rule 49, 59and73of the Probate and Administration Rules,Lawrence S. Muruthi Gachoya (hereinafter referred to as the applicant) moved this honourable court seeking orders to review the ruling delivered on 13th February 2007 pursuant to the summons general dated 23rg February 2004.
The grounds relied upon are that on 13 February 2007, the court refused to grant the letters of administration on grounds that it was not clear that there were no pending objections in this cause, that currently there is no pending objection on record, that the deceased will in this cause cannot be executed because of the orders in question, that the delay in filing this application is excusable, the application is in the interests of justice and no party will suffer hardship if the orders are granted. The supporting affidavit has explained in detail the reasons why the applicant seeks the orders sought.
I have carefully noted the communication between the advocates for the applicant herein and the firm of Oraro & co who were acting or the objector and I find the said communication to satisfactory in as far as it relates to the objector herein. However, upon due consideration I take the view that the orders sought do touch on the administration of the estate and accordingly it would be prudent to involve all the beneficiaries listed in the affidavit in support of the petition and consequently I direct that all the beneficiaries to the deceased's estate be served with the application now under consideration.
Right of appeal 30 days
Dated at Nyeri this 22nd day of February 2016
John M. Mativo
Judge
[1] Cap 160, Laws of Kenya