[2013] KEHC 1922 (KLR)
The court found that the grant dated 2nd December 1998 had already been revoked by a previous order and a fresh grant had been issued to the parties. As such, the grant sought to be revoked did not exist at the time of the present application. The application was therefore futile and amounted to an abuse of the...
Source-derived case information.
- Citation
- [2013] KEHC 1922 (KLR)
- Parties
- Applicant: Bernard Kariuki Mwangi; Applicant: Amos Chege Kariuki; Respondent: Erustus Thuo Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2807 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application dismissed with costs
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Letters of Administration, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kariuki Mwangi
Applicant
Amos Chege Kariuki
Applicant
Erustus Thuo Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant dated 2nd December 1998 exists and is available for revocation.
- 2 Whether the application dated 5th October 2012 seeking revocation of the grant is merited.
Ratio Decidendi
The court found that the grant dated 2nd December 1998 had already been revoked by a previous order and a fresh grant had been issued to the parties. As such, the grant sought to be revoked did not exist at the time of the present application. The application was therefore futile and amounted to an abuse of the court process. The court dismissed the application with costs to prevent unnecessary litigation and uphold the integrity of its processes.
Court Disposition
application dismissed with costs
Orders
- The application dated 5th October 2012 is dismissed with costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2807 OF 2006
IN THE MATTER OF THE ESTATE OF ELIZABETH NJOKI KARIUKI (DECEASED)
BERNARD KARIUKI MWANGI………...…1ST APPLICANT
AMOS CHEGE KARIUKI……………...……2ND APPLICANT
VERSUS
ERUSTUS THUO KARIUKI…..…............RESPONDENT
RULING
The application dated 5th October 2012 seeks revocation of a grant purported to have been made on 2nd December 1998 to the respondent and the appointment of Bernard Kariuki Mwangi as administrator.
I have perused the file. I have noted that there was a previous application dated 17th November 2006 seeking revocation of the same grant. The said application was determined on 17th February 2012 when GBM Kariuki J revoked it and ordered a fresh grant to be made to Bernard Kariuki Mwangi, Amos Chege Kariuki and Erastus Thuo Kariuki. A certificate of grant of letters of administration intestate in the names of the three persons was issued and duly signed by GBM Kariuki J.
The grant dated 2nd December 1998 does not exist. It is not available for revocation. The application dated 5th October 2012 is therefore futile and an abuse of the court process. I hereby dismiss it with costs.
DATED, SIGNED and DELIVERED at NAIROBI this 10th DAY OF October, 2013.
W.M. Musyoka
Judge