[2016] KEHC 534 (KLR)
The court found the applicant's affidavit evidence credible and unopposed. It held that the interested parties, being potential beneficiaries of the estate, ought to be joined to the succession cause to ensure that all disputes among the parties are resolved comprehensively. The court emphasized the need for...
Source-derived case information.
- Citation
- [2016] KEHC 534 (KLR)
- Parties
- Applicant: Ruth Karuana Warui; Respondent: Francis Njung'e; Respondent: John Kagati Kibuti; Respondent: Roger Kangethe; Respondent: Joseph Karugu; Respondent: Mary Wamaitha; Interested Party: Bernard Karimi Karui; Interested Party: Gabriel Hiuhi Nyamu; Interested Party: Catherine Wawira Muriuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 122 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder of Interested Parties
- Outcome
- application granted
- Legal Topics
- Succession, Joinder of Parties, Grant Revocation, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Karuana Warui
Applicant
Francis Njung'e
Respondent
John Kagati Kibuti
Respondent
Roger Kangethe
Respondent
Joseph Karugu
Respondent
Mary Wamaitha
Respondent
Bernard Karimi Karui
Interested Party
Gabriel Hiuhi Nyamu
Interested Party
Catherine Wawira Muriuki
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the interested parties should be enjoined in the succession cause as beneficiaries of the estate.
- 2 Whether the applicant was unlawfully excluded from the estate distribution.
Ratio Decidendi
The court found the applicant's affidavit evidence credible and unopposed. It held that the interested parties, being potential beneficiaries of the estate, ought to be joined to the succession cause to ensure that all disputes among the parties are resolved comprehensively. The court emphasized the need for fairness and justice in succession matters, particularly where the outcome may affect parties not previously included. The absence of opposition and the adequacy of service on the respondents and interested parties further justified granting the application. The court thus allowed the joinder of the interested parties to facilitate a full and final determination of the issues...
Court Disposition
application granted
Orders
- The interested parties Bernard Karimi Karui, Gabriel Hiuhi Nyamu, and Catherine Wawira Muriuki are hereby enjoined as parties to this succession cause.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 122 OF 2009
IN THE MATTER OF THE ESTATE OF WARUI NGUNGU(DECEASED)
RUTH KARUANA WARUI.........................................................APPLICANT
VERSUS
FRANCIS NJUNG'E
JOHN KAGATI KIBUTI
ROGER KANGETHE
JOSEPH KARUGU
MARY WAMAITHA.............................................................RESPONDENTS
AND
BERNARD KARIMI KARUI
GABRIEL HIUHU NYAMU
CATHERINE WAWIRA MURIUKI...........................INTERESTED PARTIES
RULING
1. The applicant (Ruth Karuana Kibico) has filed an applications in this court dated 9th November 2016. In the application the applicant has sought an order of this court to join the three interested parties/respondents to be enjoined as parties to this succession cause. The reason being that they are beneficiaries in the original land parcel No. Mutira/Kirimunge/178, which is the subject matter in this cause. The 2nd ground advanced in support of her application is that the interested parties will be affected by the outcome of the pending application for revocation/annulment of the grant which was issued and implemented.
2. She has deponed to a 20 paragraph affidavit in support of her application. Amongst other matters, she has deponed that she is the widow of the deceased person to whom she got married in 1961. she has further deponed that the subject, land parcel No. Mutira/Kirimungi/178 was registered in the name of her late husband. She has also deponed that Francis Njunge Ngungu filed High Court Succession Cause No. 122 of 2009 in which a confirmed grant was made in his favour. She has further deponed that Francis Njunge Ngungu swore a false affidavit that her deceased husband had no wife or children. It is on that basis that he obtained a confirmed grant and distributed the estate of the deceased to his brothers and sisters and strangers. She has finally deponed that as a result she was totally disinherited.
3. The proceedings of this application proceeded in the absence of the respondents and the interested parties. I was satisfied that they were properly served and had adequate notice of hearing.
4. I have considered the unopposed affidavit evidence of the applicant. I find that it is credible. I further find that it is fair and just to enjoin the interested parties to this succession cause in order to enable the court to finally hear and determine all the issues in dispute among all the parties.
5. In the light of the foregoing, I hereby grant the application of the applicant in prayer 2 of the notice of motion dated 9th November 2016 with no orders as to costs.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 19th day of DECEMBER2016
In the presence of Mr. Kamunya holding brief for Mr. Nduku for the applicantand Mr. Siro holding brief for Ms Thungu for the respondents
Court clerk Njue
J.M. BWONWONGA
JUDGE
19. 12. 16