Case ID:163144

In re Estate of Ashford Njuguna Nduni (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 1589 of 1994

Parties:

In re Estate of Ashford Njuguna Nduni (Deceased)

Date Delivered:

23 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re Estate of Ashford Njuguna Nduni (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

FAMILY DIVISION

SUCCESSION CAUSE NO. 1589 OF 1994

IN THE MATTER OF THE ESTATE OF ASHFORD NJUGUNA NDUNI (DECEASED)

R U L I N G

1. The application before court is dated 2

nd

August, 2019 and seeks for one substantive prayer; that cautions dated 21

st

October, 1993 and 11

th

June, 2004 placed by John Kimani Njuguna and Susan Waithera Njuguna against property L.R. No. Dagoretti/Riruta/1512 be lifted.

2. The application is supported by the affidavit of the Applicant Jacinta Njeri Ashford dated 2

nd

August, 2019 wherein she indicates that she is unable to execute court orders as a result of the same.

3. The application was objected to by one Mary Wanjiku Njoki describing herself as the 5

th

Respondent in an affidavit dated 28

th

January, 2020 and wherein, she complains lack of involvement in the proposed subdivision of the land, further she states that she moved the Court of Appeal for stay of execution; the applicant has allowed strangers on the suit property, and she acts in bad faith and with impunity.

4. At the hearing of the application counsel for the respondent urged that the application ought to be filed in the Environment and Land Court; there is pending an application for revocation of grant dated 23

rd

January, 2013 as the grant was obtained fraudulently and there is pending an appeal against the decision of Musyoka J.

5. In reply counsel for the applicant urged that the caution do not serve any purpose; since this is a succession matter this court ought to determine the matter. Applicant is yet to be served with the appeal, the ruling of Musyoka J stands.

6. On record is a notice of intention to appeal filed on 18

th

July, 2018 seeking for typed proceedings. Further in the application objecting to the revival of caution is annexed an application dated 20

th

August, 2018 seeking for stay of execution pending appeal. Surprisingly the Applicant herein has not been served yet the application which is several years old. It is also not clear whether an attempt has been made to secure a date in the Court of Appeal.

7. For now, Musyoka J’s ruling remains as not stay orders have been obtained.

8. In my view no much effort has been put in place by the respondent to bring this long outstanding matter to a closure and therefore it would be unfair and unreasonable in the circumstances of this case to allow an indolent litigant to delay such a matter that has been pending in court since 1994.

9. Consequently, I allow the application with costs.

DATED DELIVERED and SIGNED THIS 23

RD

DAY OF JULY, 2020.

......................

ALI-ARONI

JUDGE