Case ID:176264

In re Estate of Wanjiru Kimari (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 1553 of 2011

Parties:

In re Estate of Wanjiru Kimari (Deceased)

Date Delivered:

21 May 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Maureen Akinyi Odero

Citation:

In re Estate of Wanjiru Kimari (Deceased) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Summons for revocation of grant dismissed

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

FAMILY DIVISION

SUCCESSION CAUSE NO. 1553 OF 2011

IN THE MATTER OF THE ESTATE OF WANJIRU KIMARI (DECEASED)

FAITH WANJIRU KIMARI....................................................1

ST

APPLICANT

STEPHEN NJOROGE KIMARI........................................... 2

ND

APPLICANT

MARTHAR WANGUI KIMARI.............................................3

RD

APPLICANT

FRANCIS MATHANJI KIMARI .......................................... 4

TH

APPLICANT

MARY NDUTA KIMARI........................................................ 5

TH

APPLICANT

MICHAEL MBUGUA KIMARI............................................. 6

TH

APPLICANT

V E R S U S

HANNAH MUKAMI.............................................................1

ST

RESPONDENT

MILLY MUKAMI.................................................................2

ND

RESPONDENT

ELIUD MWANGI MACHARIA..........................................3

RD

RESPONDENT

NAIROBI CITY COUNTY GOVERNMENT....................4

TH

RESPONDENT

JUDGMENT

(1) Before this Court for determination is the Summons for Revocation of Grant dated

8

th

March 2016

by which-

-

FAITH WANJIRU KIMARI – 1

ST

APPLICANT

-

STEPHEN NJOROGE KIMARI – 2

ND

APPLICANT

-

MARTHAR WANGUI KIMARI - 3

RD

APPLICANT

-

FRANCIS MATHINJI KIMARI – 4

TH

APPLICANT

-

MARY NDUTA KIMARI – 5

TH

APPLICANT

-

MICHAEL MBUGUA KIMARI – 6

TH

APPLICANT

have all approached the Court for the following orders:-

“(1) THAT the Grant of Letters of Administration issued

to HANNAH MUKAMI and MILLY MUKAMI on 7

th

February 2012 and confirmed on 29

th

day of April 2013 be revoked.

(2) THAT the costs of this application be provided for.”

(2) The Summons was premised upon the grounds on the face of the Summons and was supported by the Affidavit of even date sworn by

FAITH WANJIRU KIMARI

(the 1

st

Applicant herein).

(3) The Summons for Revocation of Grant was opposed by the Respondents

HANNAH MUKAMI

(the 1

st

Respondent) and

MILLY MUKAMI

(the 2

nd

Respondent) filed a Replying Affidavit dated

4

th

November 2019

whilst

ELIUD MWANGI MACHARIA

(the 3

rd

Respondent) filed his Reply dated

28

th

March 2019.

The 4

th

Respondent being

NAIROBI CITY COUNTY GOVERNMENT

did not file any reply to the Summons.

(4) The Summons was canvassed by way of written submissions. The 1

st

to 6

th

Applicants filed their written submissions dated

8

th

February 2019

. The 1

st

and 2

nd

Respondents field written submissions dated

17

th

February 2021

whilst the 3

rd

Respondent also filed written submissions dated

17

th

February 2021

. As stated earlier the 4

th

Respondents did not participate in these proceedings.

(5) This matter revolves around the estate of

WANJIRU KIMARI

(hereinafter the

‘Deceased’

) who passed away on intestate on

14

th

August 1985

. The Deceased was survived by two (2) children namely

HANNAH MUKAMI

, the 1

st

Respondent (hereinafter the ‘Administrator’) and one

STEPHEN KIMARI

. The said

STEPHEN KIMARI

had pre-deceased his mother as he passed away in the year

1982

, leaving behind

six (6)

children. The Applicants claim to be the children of the late

STEPHEN KIMARI

and therefore beneficiaries of his estate.

(6) I have considered the Summons before me as well as the Affidavits relied upon by the parties. The Applicants herein seek to revoke the Grant issued to the 1

st

and 2

nd

Respondents in respect of the estate of the late

WANJIRU KIMARI.

The Applicants claim to be the beneficiaries of the estate of one

STEPHEN KIMARI

who was a son to the late

WANJIRU KIMARI

.

(7) However there exists no document on record to prove that the Applicants are the personal representatives of the estate of the late

STEPHEN KIMARI

. The Applicants have not annexed a Grant of Letters of Administration issued to themselves in respect of the Estate of

STEPHEN KIMARI

. They have only exhibited a letter from the

Assistant Chief, Huruma Sub-Location

(Anenxture

‘FWK ‘2’

) to the Replying Affidavit dated

18

th

March 2016)

which letter

does not

grant them

‘locus standi’

in this matter. The Applicants did not even bother to apply for Grant of Letters of Administration Ad Litem to enable them prosecute this matter.

(8) Therefore as things stand the Applicants have no

‘locus standi’

in this matter.

Black’s Law Dictionary 10

th

Edition

defines

‘locus standi’

as:-

“Place of standing” – The right to bring an action or to be heard in a given forum.”

(9) In the case of

JULIAN ADOGO ONGUNGA & ANOTHER –VS- FRANCIS KIBERENGE BONDEVA

(suing as the Administrator of the Estate of FANUEL EVANS AMUDAVI (Deceased)eKLR

the Court stated as follows:-

“Simply put,

a party without

locus standi

in a civil suit lacks the right to institute and/or maintain that suit even where a valid cause of action exists

.

Locus standi

relates mainly to the legal capacity of a party. The impact of a party in a suit without

locus standi

can be equated to that of a court acting without jurisdiction since it all amounts to

null and void

proceedings.

It is also worth-noting that the issue of

locus standi

becomes such a serious one where the matter involves the estate of a deceased person since in most cases the estate involves several other beneficiaries or interested parties

.” [own emphasis]

(10) The Applicants herein have not proved to this Court that they are infact the legal representatives of the late

STEPHEN KIMARI

. There is nothing to distinguish them from mere impostors or intermeddlers in the matter. I note that the Applicants did not in their submissions address this crucial issue of locus standi.

(11) In the circumstances I find that the present application is incompetent and is for dismissal. The Applicants may well have a valid claim but without evidence of proper locus standi this Court cannot delve into the merits of their case. I am left with no options but to dismiss the Summons for Revocation of Grant dated

8

th

March 2016

.

(12) Since this Court has not considered the merits of the Summons for or Revocation the Applicants may re-file the Summons once they have proper legal standing to do so. Costs are awarded to the Respondents.

DATED IN NAIROBI THIS 21ST DAY OF MAY, 2021.

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

MAUREEN A. ODERO

JUDGE