Skip to content
JudgmentIN THE ESTATE OF KAMAU MACHARIA1 min read

IN THE ESTATE OF KAMAU MACHARIA

High Court at Nakuru High Court · · Mohochi Samwel Mukira

RULING

Upon Reading the Notice of Motion Application filed under Certificate of urgency and supported by the intended interested Party (julius Karatu Macharia) all evenly dated 30th September 2024, this court deems it necessary to make the following observation that notwithstanding the procedural flaw on the manner the interested party has moved this succession court and that a notice of motion procedure has no place in succession proceedings. That an interested party in succession proceedings cannot assume substantive litigant rights and his/her field of play and participation is limited upon strict demarcation directed by the court. I am persuaded that no prejudice shall be occasioned upon  the Petitioners and the Respondents with an ex-parte determination. That this court in exercise of its inherent jurisdiction under rule 73 of the Probate and Administration Rules, to forestall disruption  of the scheduled hearing and in the interests of justice, finds favor with this Application on the following terms;

  1. That the Application is certified to be urgent warranting consideration Ex-Parte with service of the same being dispensed with in the first instance;
  2. That the Applicant (julius Karatu Macharia) is accordingly admitted as an interested party who\'s Affidavit dated 30th September 2024 is deemed as duly filed seeking to exclude the property commonly known as KIJABE/KIJABE 1/2434 as forming part of the estate of the deceased.
  3. That Interested Party shall file written submissions limited to his interest at the appropriate time after conclusion of the hearing.
  4. The Intrested Party shall serve the Spent Notice of motion together with the supporting affidavit plus this Ruling, upon the Petitioners and the Respondents within the next five (5) days from the date hereof( a return of service be filed).
  5. The Notice of Motion dated 30th September 2024 is hereby Marked as spent.
  6. The scheduled hearing on the 8th October to proceed.
  7. I shall not grant any costs and the intrested party shall meet his own costs.

It is hereby Ordered



    IN THE ESTATE OF KAMAU MACHARIA IN THE ESTATE OF KAMAU MACHARIA