In re Estate of Kamuyu Njiri (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Justice George Dulu
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Kamuyu Njiri (Deceased) [2020] eKLR, detailing the key legal decisions and implications surrounding the estate's administration.

Case Brief: In re Estate of Kamuyu Njiri (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Kamuyu Njiri (Deceased)
- Case Number: Succession Cause No. 1866 of 1998
- Court: High Court of Kenya
- Date Delivered: 6th October 2020
- Category of Law: Civil
- Judge(s): Justice George Dulu
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
- Whether the High Court has jurisdiction to hear and determine the application for enforcement of its previous ruling.
- Whether the application is valid considering it was filed by only one of the two appointed administrators without the consent of the other.
- Whether the application against Unitas Bank can proceed in the absence of their involvement in the case.

3. Facts of the Case:
The application arises from a prior ruling delivered on 10th May 2019, where the court set aside orders from 2nd July 2001, revoked the confirmed grant of letters of administration, and declared certain land parcels (DAGORETTI/RIRUTA/5865 and DAGORETTI/RIRUTA/5866) null and void. Lucy Wambui Waweru, a co-administrator of the estate, filed an ex-parte Notice of Motion seeking various orders related to the enforcement of the 2019 ruling, including the cancellation of land titles and discharge of charges by Unitas Bank. The application was supported by an affidavit asserting that the Chief Land Registrar had not complied with the court's orders, resulting in the necessity for further action.

4. Procedural History:
The case began with the filing of an application by Lucy Wambui Waweru on 21st July 2020. The application sought urgent orders without serving the respondents, which included Unitas Bank. The court considered the application and noted the absence of a response from the respondents. The applicant's counsel urged the court to grant the orders sought, while another party indicated that the application did not affect them.

5. Analysis:
- Rules: The court evaluated the application under Article 159(2) of the Constitution of Kenya 2010 and relevant sections of the Civil Procedure Act (Cap. 21) and the Law of Succession Act (Cap. 160). Specifically, Section 47 of the Law of Succession Act grants the High Court extensive jurisdiction to handle disputes and applications under the Act.
- Case Law: The court referenced previous rulings that established the necessity for proper procedure and the inclusion of all interested parties in succession matters. It underscored the importance of compliance with procedural requirements, particularly in matters involving multiple administrators.
- Application: The court determined that it had jurisdiction to hear the application despite the incorrect citation of legal provisions. However, it found the application defective due to the lack of consent from the second administrator and the failure to name Unitas Bank as a party. This rendered the application incompetent.

6. Conclusion:
The court struck out the application dated 21st July 2020 due to its substantive defects. The ruling emphasized the necessity for proper procedure in succession matters and granted the applicant liberty to file a corrected application for enforcement of the court's orders from the 2019 ruling.

7. Dissent:
There were no dissenting opinions noted in this ruling as it was a singular decision by Justice George Dulu.

8. Summary:
The High Court of Kenya dismissed the application for enforcement of its previous ruling concerning the estate of Kamuyu Njiri due to procedural defects. The case highlights the importance of following legal protocols in succession matters, particularly regarding the involvement of all appointed administrators and interested parties. The decision reinforces the court's commitment to ensuring that due process is observed in the administration of estates.

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