Case ID:227899

In re Estate of the Late SNS (Deceased) (Succession Cause 1769 of 1999) [2023] KEHC 2542 (KLR) (Family) (10 March 2023) (Ruling)

Case Metadata

Case Number:

Succession Cause 1769 of 1999

Parties:

In re Estate of the Late SNS (Deceased)

Date Delivered:

10 Mar 2023

Case Class:

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Patricia Mande Nyaundi

Citation:

In re Estate of the Late SNS (Deceased) (Succession Cause 1769 of 1999) [2023] KEHC 2542 (KLR) (Family) (10 March 2023) (Ruling)

Court Division:

Family

County:

Nairobi

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

In re Estate of the Late SNS (Deceased) (Succession Cause 1769 of 1999) [2023] KEHC 2542 (KLR) (Family) (10 March 2023) (Ruling)

Neutral citation:

[2023] KEHC 2542 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 1769 of 1999

PM Nyaundi, J

March 10, 2023

IN THE MATTER OF THE ESTATE OF THE LATE SNS (DECEASED)

AND

IN THE MATTER OF PRESSERVATION OF THE DECEASED’S ESTATE

Between

SSNS

1

st

Applicant

MS

2

nd

Applicant

RS

3

rd

Applicant

and

SKHS

Respondent

Ruling

1.

The Application dated 21

st

day of September 2022 is presented by the Applicant under Articles 27 and 159 of

the Constitution

of Kenya, Sections 38, 47,66,76 a,b,c and d 83,87,94 and 95 of the

Law of Succession Act

, Cap 160 and Rules 43,44, 58 and 78 of the Probate and Administration Rules and any other enabling provisions of the Laws of Kenya.

2.

The Applicant seeks orders that pending the hearing of his Application dated October 5, 2020, there be a temporary stay of all other proceedings in the cause.

3.

The Application is opposed by the Respondents who have filed Grounds of Opposition dated September 26, 2022.

4.

On October 5, 2022, the Court observing that there were 4 applications pending directed, with the consent of the parties, that the same be canvassed by way of written submissions. The 4 Applications are those dated October 5, 2020, June 30, 2022, July 4, 2022 and September 21, 2022 (subject to this ruling). The parties opted to file consolidated submissions. For good order I will render separate rulings.

5.

The Respondent presented the Application dated September 21, 2022 for the sole purpose of delaying the hearing of the Application dated June 30, 2022 pending the hearing and determination of his application October 5, 2020, considering the directions given on October 5, 2022, that application is spent and there is no live issue for this court to determine.

6.

The Application is accordingly dismissed with no order as to costs.

SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 10

TH

DAY OF MARCH, 2023.

……………………………

P M NYAUNDI

HIGH COURT JUDGE

In the presence of:

…………………………………Advocate for Applicant

……………………………………………………… Respondent