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In re Estate of Stanley Mugambi Muketha (Deceased) (Succession Cause 361 of 2009) [2022] KEHC 14395 (KLR) (27 October 2022) (Ruling)
Neutral citation:
[2022] KEHC 14395 (KLR)
Republic of Kenya
Succession Cause 361 of 2009
TW Cherere, J
October 27, 2022
IN THE MATTER OF ESTATE OF STANLEY MUGAMBI MUKETHA (DECEASED)
Between
Evangeline Nkatha Mugambi
Respondent
and
Morris Mutembei Mugambi
Administrator
and
Festus Muriungi Kinoti
Interested Party
Customer Self Service and General Contractors Company Limited
Interested Party
Ruling
1.I have considered the summons dated May 27, 2022 brought by the Interested Parties seeking to be joined to this suit as interested parties. The application is mainly based on the ground that LR Nkuene/Uruku/1716 that the respondent proposes to distribute to one Kennedy Muriithi Muthomi does not exist the same having been subdivided and some parcels thereof sold to the Interested Parties.
2.I have considered whether the interested parties has the locus standi to bring this application. Locus standi signifies a right to be heard, a person must have sufficiency of interest to sustain his standing to sue in a court of law. The interested parties are not beneficiaries of deceased’s estate and have no claim against deceased’s estate. In Kibera Blessed Academy v World Missionary Evangelism of Kenya Registered Trustees & 4 others (2016) eKLR it was held that:
3.From the foregoing, I find that the interested parties herein lack locus standi to institute and/or maintain the cause of action that they propose to prosecute.
4.Consequently, the summons dated May 27, 2022 seeking to have the interested parties joined to this suit is without merit and it is disallowed.
DELIVERED AT MERU THIS 27TH DAY OF October 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiFor Applicant - Mr.Kariuki for Mithega & AdvocatesFor Respondent - Mr. Muthuri for Muthuri & Co. AdvocatesFor Interested Parties - Mr. Muthomi for John Muthomi & Co. Advocates
