JOSEPH NGOMBIA KIBARA v JOYCE WANJA NJOGU & another [2009] KEHC 890 (KLR)

Citation: JOSEPH NGOMBIA KIBARA v JOYCE WANJA NJOGU & another [2009] KEHC 890 (KLR)
Media Neutral Citation: [2009] KEHC 890 (KLR)
Court: High Court
Court station: High Court at Embu
Case number: Miscellaneous Succession Cause 2 of 2004
Alternative citations: JOSEPH NGOMBIA KIBARA v JOYCE WANJA NJOGU & another [2009] eKLR
Judges: J Karanja
Judgment date: 2 November 2009
Language: English
Type: Judgment

Case action: Ruling

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Succession Cause 2 of 2004

IN THE MATTER OF THE ESTATE OF MUTHUMA GITHINJI……DSD

KARIMI MUTHUMA………………………..RESPONDENT/DECEASED

VERSUS

JOSEPH NGOMBIA KIBARA………………………………….APPLICANT

JOYCE WANJA NJOGU…………………………………..1^ST RESPONDENT

WANJIRA NJOGU…………………………………………..2^ND RESPONDENT

RULING

The Application before me is wrongly intituled as is pits a deceased Karimi Muthuma Respondent/Deceased –versus

Joseph Ngombia Kibara- Applicant

Joyce Wanja Njogu- 1^st Respondent

Wanjira Njogu - 2^nd Respondent

I have agonized as to whether I should proceed to determine the same on its merits but I strongly feel that the defect renders it fatally defective and it having been filed by a qualified advocate, it should not be allowed to proceed the way it is.

Even as I strike it out, I invite counsel for the applicant to note that his annexure “JNK III” does not have a valid date and it may not be of much help to him. I accordingly strike out this application with orders that each party bear its own costs.

W. KARANJA

JUDGE

Delivered, signed and dated at Embu this 2nd day of Nov 2009

In presence of:-N/A by either party

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