[2014] KEHC 5781 (KLR)
The court determined that it could not proceed to resolve the present succession cause without first confirming the manner in which the estate was distributed in the related Succession Cause 80 of 1980 in Nairobi. The outcome of that cause directly impacts the current proceedings regarding the estate of Loice...
Source-derived case information.
- Citation
- [2014] KEHC 5781 (KLR)
- Parties
- Applicant: Loise Sintoiya Stanley; Applicant: Penina Douglas; Applicant: Hudson Kamau Ndungu; Respondent: Charles Saruni Kieya; Respondent: Samson Sankale Kieya; Respondent: Rebecca Wairimu Kieya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 313 of 2008
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application for Confirmation of Distribution in Related Succession Cause
- Outcome
- Interlocutory order issued for Deputy Registrar to obtain certified copy of confirmed grant in Succession Cause 80 of 1980.
- Judges
- JV Juma
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loise Sintoiya Stanley
Applicant
Penina Douglas
Applicant
Hudson Kamau Ndungu
Applicant
Charles Saruni Kieya
Respondent
Samson Sankale Kieya
Respondent
Rebecca Wairimu Kieya
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Confirmation of Distribution in Related Succession Cause
Legal Issues
- 1 Whether the distribution of the estate in Succession Cause 80 of 1980 affects the present cause.
- 2 Whether the court should obtain and review the confirmed grant from the related Nairobi succession cause before proceeding.
Ratio Decidendi
The court determined that it could not proceed to resolve the present succession cause without first confirming the manner in which the estate was distributed in the related Succession Cause 80 of 1980 in Nairobi. The outcome of that cause directly impacts the current proceedings regarding the estate of Loice Waithera Stanley. Therefore, the court exercised its discretion to direct the Deputy Registrar to obtain a certified copy of the confirmed grant from the Family Division Registry in Nairobi, so as to ensure that any orders made in the present cause do not conflict with prior distributions or grants. This approach upholds the principle of consistency and finality in succession matters...
Court Disposition
Interlocutory order issued for Deputy Registrar to obtain certified copy of confirmed grant in Succession Cause 80 of 1980.
Orders
- Deputy Registrar to obtain a certified copy of the confirmed Grant in Succession 80/1980 from the Family Division Registry in Nairobi.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
SUCCESSION CAUSE NO. 313 OF 2008
IN THE MATTER OF THE ESTATE OF LOICE WAITHERA STANLEY (DECEASED)
LOISE SINTOIYA STANLEY
PENINA DOUGLAS
HUDSON KAMAU NDUNGU…………………..…………APPLICANTS
AND
CHARLES SARUNI KIEYA
SAMSON SANKALE KIEYA
REBECCA WAIRIMU KIEYA……………..…INTERESTED PARTIES
RULING
I have perused the chamber summons dated 31st August, 2012 as well as annextures thereto. I have also perused the replying affidavit filed on 6th September, 2012. It is evident that the Succession Cause 80 of 1980 pertaining to the Estate of Stanley Kieya (deceased) has a bearing on this matter. This court would need to confirm how distribution was done and concluded in Succession 80/1980 in Nairobi in order to determine the present cause.
I therefore direct that the Deputy Registrar do obtain a certified copy of the confirmed Grant in Succession 80/1980 from the Family Division Registry in Nairobi.
Dated and delivered in Mombasa this 11th day of April, 2014.
M. ODERO
JUDGE
In the presence of:
Mr. Otieno for Respondent
Court Clerk Mutisya