[2014] KEHC 2710 (KLR)
The court determined that, despite the earlier confirmation of the grant, the objector had not been present or heard during the confirmation proceedings. In the interests of justice and to ensure that all lawful beneficiaries are identified and the full extent of the estate is ascertained, the court found it...
Source-derived case information.
- Citation
- [2014] KEHC 2710 (KLR)
- Parties
- Applicant: Dorcas Andeyo Mmbulika; Respondent: Anson Aviona Mmbulika
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 759 of 2009
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application for Revocation of Grant
- Outcome
- Interlocutory orders issued; matter to proceed for hearing of all parties.
- Judges
- SJ Chitembwe
- Legal Topics
- Revocation of Grant, Confirmation of Grant, Beneficiaries Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dorcas Andeyo Mmbulika
Applicant
Anson Aviona Mmbulika
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation should be revoked due to non-involvement of the objector.
- 2 Whether all lawful beneficiaries and the full extent of the estate have been properly identified.
Ratio Decidendi
The court determined that, despite the earlier confirmation of the grant, the objector had not been present or heard during the confirmation proceedings. In the interests of justice and to ensure that all lawful beneficiaries are identified and the full extent of the estate is ascertained, the court found it necessary to hear all parties. The court therefore ordered that restrictions be placed on the relevant land parcels to preserve the estate pending full determination, and directed that all parties be heard before a final decision is made regarding the distribution of the estate.
Court Disposition
Interlocutory orders issued; matter to proceed for hearing of all parties.
Orders
- Restrictions to be placed on plot numbers KAKAMEGA/BUGONDA/2142, 1434 and 2715, and any subdivisions thereof, pending determination of the cause.
- All parties to be heard to determine the composition of the estate and lawful beneficiaries.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
SUCCESSION CAUSE NO: 759 OF 2009
IN THE MATTER OF THE ESTATE OFABISAI MMBULIKA CHEGERO........DECEASED
BETWEEN
DORCAS ANDEYO MMBULIKA......................................PETITIONER
AND
ANSON AVIONA MMBULIKA ..................................OBJECTOR
R U L I N G
The grant herein was confirmed on 20/2/2012. The objector Anson Ariona Mmbulika was not present when the grant was confirmed. He had filed an application dated 26/4/2012 seeking the revocation of the grant. The petitioner filed a replying affidavit.
I have gone through the pleadings and do direct that although the court had resolved not to take oral evidence, there is need to hear all the parties herein. This will enable the court know what constitutes the estate and who are the lawful beneficiaries. I do order that restrictions be placed on plot numbers KAKAMEGA/BUGONDA/2142, 1434 and 2715and if the plots were sub divided then the land Registrar should place restrictions on all the subsequent sub-divisions pending the determination of this cause. There shall be no order as to costs.
Dated, delivered and signed at Kakamega this 17th day of September 2014
SAID J. CHITEMBWE
JUDGE