[2013] KEHC 5990 (KLR)
The court found that Misc. Application No. 209/12 was an abuse of the due process of the court because it sought orders against Sam Njue Muchiri, who was not a party to the succession cause or the pending appeal. The application was not based on any pleadings and was instead improperly anchored on the appeal. The...
Source-derived case information.
- Citation
- [2013] KEHC 5990 (KLR)
- Parties
- Applicant: Madris Mukwambiro Muchiri; Applicant: Judith Runji Muchiri John; Applicant: Loise Marigu Muchiri; Respondent: Njeru Muchiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 140 of 2011
- Procedural Posture
- Civil Appeal / Interlocutory Application (directions on Stay Application)
- Outcome
- Misc. Application No. 209/12 struck out as an abuse of process.
- Legal Topics
- Abuse of Process, Stay of Execution, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madris Mukwambiro Muchiri
Applicant
Judith Runji Muchiri John
Applicant
Loise Marigu Muchiri
Applicant
Njeru Muchiri
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application (directions on Stay Application)
Legal Issues
- 1 Whether Misc. Application No. 209/12 seeking stay of decree against a non-party is properly before the court.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that Misc. Application No. 209/12 was an abuse of the due process of the court because it sought orders against Sam Njue Muchiri, who was not a party to the succession cause or the pending appeal. The application was not based on any pleadings and was instead improperly anchored on the appeal. The court emphasized that grievances against non-parties must be ventilated through the correct legal process and not through unprocedural applications. Consequently, the application was struck out with costs to uphold the integrity of court procedure and prevent misuse of judicial process.
Court Disposition
Misc. Application No. 209/12 struck out as an abuse of process.
Orders
- Misc. Application No. 209/12 is struck out with costs.
- Deputy Registrar to follow up the Runyenjes file for forwarding.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL APPEAL NO. 140 OF 2011
MADRIS MUKWAMBIRO MUCHIRI.............. 1ST APPLICANT/PROTESTOR
JUDITH RUNJI MUCHIRI JOHN ………………2ND APPLICANT/PROTESTOR
LOISE MARIGU MUCHIRI ………………….. 3RD APPLICANT/PROTESTOR
VERSUS
NJERU MUCHIRI ……..……....................................... RESPONDENT
(An Appeal from the Judgment M.W MUTUKU SRM sitting at Runyenjes in succession Cause No. 81 of 2010 delivered on 4/11/2011).
D I R E C T I O N S
I have had an opportunity of reading through this appeal file and High Court Misc. application number 209/12. This appeal arises out of a Judgment in Runyenjes Succession Cause No.81/10. As this appeal remains pending the Appellants filed Misc. Application No.209/12 seeking orders of stay of the decree in Runyenjes Succession Cause number 81/10 against one SAM NJUE MUCHIRI who is not a party in the said cause or this pending appeal. The application filed therein is not based on any pleadings. If anything it is based on this appeal which does not involve the said SAM NJUE MUCHIRI. I find this Misc. Application to be an abuse of the due process of this Court. If the Appellants have any issues with the said Sam Njue Muchiri they should follow the right process to ventilate their grievances. What they are doing through the Misc. application is unprocedural and unacceptable.
I therefore strike out Misc. Application No.209/12 with costs.
The Deputy Registrar to follow up the Runyenjes file which has not been forwarded inspite of this appeal having been filed in 2011.
DATED, SIGNED AND DELIVERED AT EMBU IN OPEN COURT THIS 3RD DAY OF OCTOBER 2013.
H.I. ONG'UDI
J U D G E
In the presence of:-
M/s Nyaga for Kathungu for Respondent
Mr. Nyagena for Kariithi for Applicant
NJue – C/c