In re Estate of Lawrence Nginyo Kariuki (Deceased) [2022] KEHC 10645 (KLR)

In re Estate of Lawrence Nginyo Kariuki (Deceased) (Succession Cause 336 of 2020) [2022] KEHC 10645 (KLR) (Family) (17 June 2022) (Directions)

Neutral citation: [2022] KEHC 10645 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 336 of 2020

HI Ong'udi, J

June 17, 2022

IN THE MATTER OF THE ESTATE OF LAWRENCE NGINYO KARIUKI (DECEASED)

Between

Brenda Nyambura Kiragu

Applicant

and

Jane Alice Wambui Kiragu

1st Respondent

Silas Macharia Kariuki

2nd Respondent

and

Sarah Mukuhi Nginyo Kariuki

Interested Party

Scholastic Njeri Kariuki

Interested Party

Rose Wanjiru Kariuki

Interested Party

Margaret Wangari Nginyo Kariuki

Interested Party

James Anthony Kariuki

Interested Party

Alex Ndoria Karuri

Interested Party

Austine Wachira Karungo

Interested Party

Winfred Kariuki

Interested Party

Directions

1. Upon hearing counsel and perusing the record it is now confirmed that all parties have complied with the directions and filing of documents in both the objections and the application for contempt of court. Ordinarily an application for contempt would be given priority, however considering that this court has a full tray and the matter is from another division I have to really create time for the same. I have had a chance to read the Ruling by the Court of Appeal Civil Application NONAI E273/2021 delivered on 4th January 2022 in respect of an application for stay of the orders issued by Mutuku J. The Court of Appeal urged this Court to expedite the hearing of this matter and make a determination on the issues related to the Estate, so that if any party is aggrieved he/she can file an appeal against the decision. Bearing in mind all the above I hereby issue the following directions:i.The contempt of Court application dated 11th April 2022 to be disposed of by way of written submissions.ii.The applicants and those who support the application to file and serve their submissions within ten (10) days.iii.Those opposed to the application to file and serve their submissions within ten (10) days upon service by the applicants.iv.The objections to be heard by way of viva voce evidence.v.At the close of the hearing of the objections counsel will be given time to make oral submissions and also highlight their submissions on the application for contempt.vi.Matter to be fixed for hearing.

DELIVERED VIRTUALLY, DATED AND SIGNED THIS 17TH DAY OF JUNE IN OPEN COURT AT MILIMANI NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURT