[2023] KEHC 20615 (KLR)
The court found that the certificate of confirmation of grant issued on March 20, 2012, had already been revoked by the orders of October 23, 2018, when the grant was revoked upon an unopposed application. The orders made on April 30, 2020, did not set aside the confirmation orders of March 20, 2012, but instead...
Source-derived case information.
- Citation
- [2023] KEHC 20615 (KLR)
- Parties
- Applicant: Bernetta Atenya Akhura; Respondent: Administrators (unnamed)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 295 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Orders
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Confirmation of Grant, Revocation of Grant, Estate Administration, Beneficiary Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernetta Atenya Akhura
Applicant
Administrators (unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Orders
Legal Issues
- 1 Whether the orders of April 30, 2020 set aside the certificate of confirmation of grant issued on March 20, 2012.
- 2 Whether there is a basis for review of the orders made on April 30, 2020.
Ratio Decidendi
The court found that the certificate of confirmation of grant issued on March 20, 2012, had already been revoked by the orders of October 23, 2018, when the grant was revoked upon an unopposed application. The orders made on April 30, 2020, did not set aside the confirmation orders of March 20, 2012, but instead appointed new administrators and distributed the estate. Therefore, there was no basis for the review sought in the application dated November 9, 2020, as the premise of the application was incorrect. The application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated November 9, 2020 is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Akhura Kubakha alias Akhua Muyale (Deceased) (Succession Cause 295 of 2003) [2023] KEHC 20615 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20615 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 295 of 2003
WM Musyoka, J
July 21, 2023
IN THE MATTER OF THE ESTATE OF AKHURA KUBAKHA alias AKHUA MUYALE (DECEASED)
Ruling
1. I am tasked with determining a motion, dated November 9, 2020. It seeks review of orders that I made herein, on April 30, 2020, purportedly setting aside a certificate of confirmation of grant issued on March 20, 2012, and issuance of an amended certificate of confirmation on April 30, 2020, and praying that a further certificate of confirmation of grant be issued as some beneficiaries have died, and some do not exist.
2. The orders, that I made in the judgment that I delivered on April 30, 2020, did not set aside the certificate of confirmation of grant issued on March 20, 2012, or any other certificate of confirmation of grant for that matter. The orders appointed new administrators, and distributed the estate, and gave directions on what should happen or be done where some of the beneficiaries, named in a certificate of confirmation of grant, die before transmission.
3. The certificate of confirmation of grant that the applicant is referring to was swept aside, by the orders that were made on October 23, 2018, when the summons for revocation of grant, dated November 21, 2016, was allowed by Njagi J, as it was not opposed by the administrators. The grant revoked, by the orders of October 23, 2018, had been confirmed, on March 20, 2012, which meant that the confirmation orders of March 20, 2012 were revoked together with the grant, which had the effect of cancelling the certificate of confirmation issued based on those orders.
4. As the orders of April 30, 2020 did not set aside the confirmation orders of March 20, 2012, there can be no basis for the review sought in the application dated November 9, 2020. That application is without merit, and it is hereby dismissed. There shall be no order on costs.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 21STDAY OF JULY 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Mukavale, Advocate for the applicant.Bernetta Atenya Akhura, administratrix in person.