Case ID:171417

In re Estate of Godfrey Ndegwa Kariuki (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 1976 of 1996

Parties:

In re Estate of Godfrey Ndegwa Kariuki (Deceased)

Date Delivered:

15 Feb 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Aggrey Otsyula Muchelule

Citation:

In re Estate of Godfrey Ndegwa Kariuki (Deceased) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application be heard on 10th May 2021

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 AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

SUCCESSION CAUSE NO. 1976 OF 1996

IN THE MATTER OF THE ESTATE OF GODFREY NDEGWA KARIUKI (DECEASED)

JOHN KINUTHIA NDEGWA..............................................APPLICANT

VERSUS

DANSON KIRIKA NDEGWA.........................................RESPONDENT

RULING

1. The deceased Godfrey Ndegwa Kariuki died intestate on 5

th

June 1995. On 16

th

September 1996 his sons Peter Kaniu alias Ndegwa Kariuki and Danson Kirika Ndegwa petitioned for the grant of letters of administration intestate. The grant was issued on 31

st

December 1996. The grant was confirmed on 30

th

June 1998, and the estate distributed. On 19

th

October 2010 a fresh grant was issued jointly to Peter Kaniu Ndegwa, John Kinuthia Ndegwa (the applicant), Danson Kirika Ndegwa (the respondent) and Jane Wanjiku Ndegwa. This followed an order on 19

th

October 2010 by the court in

HCCC No. 76 of 1996 (OS)

.

2. There is an outstanding application dated 12

th

April 2011 by John Kinuthia Ndegwa and Jane Wanjiku Ndegwa against Peter Kaniu Ndegwa and Danson Kirika Ndegwa for the revocation of the grant issued on 19

th

October 2010 and the redistribution of the estate of the deceased. On 31

st

January 2014 Justice W.M. Musyoka observed that:-

“9. The journey to the resolution of the issues starts with the disposal of the revocation application. The determination of that application will decide the fate of the certificate of confirmation (of) grant dated 30

th

June 1998.

10. Pending the determination of the said application

status quo

ought to be maintained, otherwise the said application will be rendered nugatory.”

3. The Judge then ordered that the application dated 12

th

April 2011 be heard on priority basis.

4. Instead of the parties taking date for the hearing and disposal of that application, they have made several applications. On 13

th

June 2018 parties appeared before me, and without bringing to my attention what Justice W.M. Musyoka had directed, consented to the issuance of a fresh grant by removing Peter Kamau Ndegwa and John Kinuthia Ndegwa and leaving Jane Wanjiku Ndegwa and Danson Kirika Ndegwa. I find that this consent was obtained by non-disclosure to the court of the orders by Justice W.M. Musyoka. On my own motion, and bearing in mind the provisions of

section 47

of the

Law

of

Succession Act

and

rule 73

of the

Probate Rules

, I review and set aside the orders of 13

th

June 2018, and revoke the grant issued on that day. The grant shall remain the one issued on 19

th

October 2010, the administrators being Peter Kaniu Ndegwa, Danson Kirika Ndegwa, Jane Wanjiku Ndegwa and John Kinuthia Ndegwa.

5. Consequently, the application dated 4

th

June 2020 by John Kinuthia Ndegwa against Danson Kirika Ndegwa is hereby adjourned, as are all other pending applications, to allow for the hearing and determination of the application dated 12

th

April 2011, which the court had asked on 6

th

March 2017 that it be heard orally.

6. I direct that the application dated 12

th

April 2011 be heard on

10

th

May 2021.

DATED and DELIVERED NAIROBI this 15

TH

day of FEBRUARY 2021.

A.O. MUCHELULE

JUDGE