[2010] KEHC 2544 (KLR)
The court found that the assets alleged to be unadministered by the applicant were either already registered in the names of other individuals, specifically Rebecca Muthoni Wahome (deceased) and Patrick Mbogo Wahome, or had been transmitted to other beneficiaries. The applicant admitted this fact both in affidavit...
Source-derived case information.
- Citation
- [2010] KEHC 2544 (KLR)
- Parties
- Applicant: Wachiuri Wahome; Respondent: Festus Gatheru Wahome; Respondent: Alice Wanjira Njoroge; Respondent: Regina Wanja Mungai; Respondent: Gladys Wangui Mwangi; Respondent: Mary Waithiegeni Wahome; Respondent: Patrick Mbogo Wahome; Respondent: John Ndura Wahome
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 284 of 1996
- Procedural Posture
- Succession Cause / Ruling on Summons for Administration of Unadministered Assets
- Outcome
- applications dismissed with costs
- Legal Topics
- Administration of Estates, Unadministered Assets, Succession Procedure, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wachiuri Wahome
Applicant
Festus Gatheru Wahome
Respondent
Alice Wanjira Njoroge
Respondent
Regina Wanja Mungai
Respondent
Gladys Wangui Mwangi
Respondent
Mary Waithiegeni Wahome
Respondent
Patrick Mbogo Wahome
Respondent
John Ndura Wahome
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Administration of Unadministered Assets
Legal Issues
- 1 Whether there are unadministered assets in the estate of Samuel Wahome Gatheru, deceased.
- 2 Whether the applicant is entitled to administer the alleged unadministered assets.
- 3 Whether the applications filed by the applicant constitute an abuse of court process.
Ratio Decidendi
The court found that the assets alleged to be unadministered by the applicant were either already registered in the names of other individuals, specifically Rebecca Muthoni Wahome (deceased) and Patrick Mbogo Wahome, or had been transmitted to other beneficiaries. The applicant admitted this fact both in affidavit and submissions. Consequently, there were no unadministered assets remaining in the estate of Samuel Wahome Gatheru that could be the subject of the present applications. Furthermore, the court held that the applicant's act of filing two similar applications for the same relief constituted an abuse of the court process. As such, the applications lacked merit and were dismissed...
Court Disposition
applications dismissed with costs
Orders
- The applications dated 16th November 2009 and 2nd December 2009 are dismissed with costs.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 284 of 1996
IN THE MATTER OF THE ESTATE OF SAMUEL WAHOME GATHERU - DECEASED
WACHIURI WAHOME......................................................APPLICANT
VERSUS
FESTUS GATHERU WAHOME
ALICE WANJIRA NJOROGE
REGINA WANJA MUNGAI
GLADYS WANGUI MWANGI...................................RESPONDENTS
MARY WAITHIEGENI WAHOME
PATRICK MBOGO WAHOME
JOHN NDURA WAHOME
RULING
WACHIRA WAHOME, hereinafter referred to as the ‘Applicant’, applied to administer the an unadministered assets of the Estate of Samuel Wahome Gatheru, deceased, vide the summons dated 16th November 2009. The Applicant swore an affidavit he filed in support of the Summons. It is averred by the Applicant that Rebecca Muthoni, one of the administratrix of the Estate of Samuel Wahome Gatheru, deceased, died on 16th July 2008 leaving part of the Estate of Samuel Wahome Gatheru unadministered. It would appear the Applicant made a similar application dated 2nd December 2009. In the later application, the Applicant has specified the assets which he claimed were left unadministered as follows:
(i)KIRIMUKUYU/KIRIA/17.
(ii)KIRIMUKUYU/KIRIA/68
(iii)KIRIMUKUYU/KIRIA/PLOT NO. 1 NGURUMO
(iv)KAGAARI/KANJA/1863
When served with the later application dated 2nd December 2009, Patrick Mbogo, hereinafter referred to as the ‘respondent’, filed an affidavit in response sworn on 22nd January 2010. He deponed that the later Rebecca Muthoni Wahome had left no property unadministered in respect of the Estate of Samuel Wahome Gatheru, deceased. He further alleged that the property the Applicant claims to be unadministered were registered in the name of the late Rebecca Muthoni Wahome, hence the issues can only be dealt vide NYERI H.C.S.C. NO. 490 OF 2009 relating to the Estate of Rebecca Muthoni Wahome, deceased. The Applicant filed a further affidavit he swore on 19th March 2010. Annexed to that affidavit are copies of the register relating to the following titles:
(i)PLOT NO. 1 NGURUMO.
(ii)KIRIMUKUYU/KIRIA/68
(iii)KIRIMUKUYU/KIRIA/17
(iv)KAGAARI/KANJA/1863
The first title i.e. PLOT NO. 1 NGURUMO, is indicated to be in the name of Samuel Wahome Gatheru while KIRIMUKUYU/KIRIA/68 is in the name of PATRICK MBOGO WAHOME whereas titles stated in (iii) and (iv) above are in the names of REBECCA MUTHONI WAHOME, deceased.
When the aforesaid applications came up for hearing, this court directed parties to file submissions. The Applicant was the one party who filed submissions. I have considered those submissionsvis-a=visthe averments deponed in the affidavits. The Applicant has attempted to introduce new issues in his submissions. He claimed that the judgment of Lady Justice Kasango of 7th July 2008 was not fully followed. He also admitted that PLOT NO. 1 NGURUMOwas to be registered in the name of Rebecca Muthoni Wahome, deceased. After a careful consideration of the arguments and averments made by both sides, I am convinced the two applications (dated 16th November 2009 and 2nd December 2009) have no merit. I do not know why the Applicant filed two similar applications. It would appear he only served the later application (2nd December 2009). That is why that application received a response. In my view the Applicant abused the court process when he filed more than one application in respect of similar reliefs. Even assuming that the Applicant had not abused the court process, still I do not think the applications can see the light of the day. It is admitted on oath and by submissions that the alleged an unadministered assets are already in other peoples’ names or have been transmitted to other beneficiaries. It is therefore obvious that the application has no merit hence the same is for dismissal. The property which are specified to be unadministered are:
(i)PLOT NO. 1 NGURUMO.
(ii)KIRIMUKUYU/KARIA/68
(iii)KIRIMUKUYU/KARIA17
(iv)KAGAARI/KANJA/1863
I have already stated that three of the aforementioned properties are already in the names of Rebecca Muthoni Wahome, deceased, while one is in the name of Patrick Mbogo.
In the end the applications are ordered dismissed with costs.
Dated and delivered at Nyeri this 2nd day of June 2010.
J. K. SERGON
JUDGE
In open court in the presence of Mr. Muchiri for the Respondent and the applicant in person.