[2014] KEHC 5959 (KLR)
The court found that the Citee, Lydia Ndulu Kasona, failed to act diligently by not petitioning for a grant of letters of administration despite being the widow and primary person entitled to do so. This inaction necessitated the filing of the citation by the Citor. The court held that if the Citee had acted...
Source-derived case information.
- Citation
- [2014] KEHC 5959 (KLR)
- Parties
- Applicant: Mutanu Ngumi Muindi; Respondent: Lydia Ndulu Kasona
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 641 of 2010
- Procedural Posture
- Succession Cause / Ruling on Costs After Settlement of Citation
- Outcome
- Citation marked as settled; costs awarded against the Citee.
- Judges
- BT Jaden
- Legal Topics
- Succession, Grant of Letters of Administration, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutanu Ngumi Muindi
Applicant
Lydia Ndulu Kasona
Respondent
Procedural Posture
Succession Cause / Ruling on Costs After Settlement of Citation
Legal Issues
- 1 Whether the Citee should bear the costs of the citation proceedings.
- 2 Whether the Citor, as a beneficiary, is entitled to costs.
Ratio Decidendi
The court found that the Citee, Lydia Ndulu Kasona, failed to act diligently by not petitioning for a grant of letters of administration despite being the widow and primary person entitled to do so. This inaction necessitated the filing of the citation by the Citor. The court held that if the Citee had acted promptly, the costs of the citation would not have been incurred. Therefore, the Citee is ordered to pay the costs of the citation proceedings.
Court Disposition
Citation marked as settled; costs awarded against the Citee.
Orders
- The Citee, Lydia Ndulu Kasona, shall meet the costs of the citation.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 641 OF 2010
IN THE MATTER OF THE ESTATE OF DOMINIC KASONA KALELI (DECEASED)
MUTANU NGUMI MUINDI .............................................. CITOR
AND
LYDIA NDULU KASONA ………………………...….… CITEE
R U L I N G
The citation herein was filed by one Mutanu Ngumi Muindi on 14/9/10. This was after the Citee, Lydia Ndulu Kasona, the widow to the late Dominic Kasona failed to petition the court for a grant of letters of administration intestate in the estate of the deceased, Dominic Kasona.
Subsequent to the filing of the citation, the Citee petitioned the court in High Court Machakos Succession Cause No. 1027/11. On 28/11/11 on 10/6/13, the citation was marked as settled.
The tussle now is on who should pay the costs of the citation. According to the Citor’s advocate, the Citee ought to pay for having failed to take any step despite demand made until the citation was filed. The learned counsel for the Citee argued that there should be no orders as to costs since the Citor is also a beneficiary.
Having considered the citation and the submissions of both parties, I am in agreement with the Citor’s counsel that if the Citee had acted diligently, no costs of filing the citation would have been incurred. Consequently, I order the Citee to meet the costs of the citation.
………………………….
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 12thday of March 2014.
………………………….
B. THURANIRA JADEN
JUDGE