[2018] KEHC 227 (KLR)
The court found that since the application by the interested party challenging the consent had been dismissed, there was no legal impediment to adopting the consent between the petitioner and objector. The court therefore adopted the consent dated 19th June, 2014 and granted the prayers for cancellation of the title...
Source-derived case information.
- Citation
- [2018] KEHC 227 (KLR)
- Parties
- Applicant: Mildred Khatiala Akula; Respondent: Nancy Akinyi Lwamba; Interested Party: Gaitano Angolio Atema
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 533 of 2012
- Procedural Posture
- Succession Cause / Ruling on Adoption of Consent and Revocation of Grant
- Outcome
- Consent adopted; grant revoked and property to revert for redistribution.
- Legal Topics
- Succession, Revocation of Grant, Consent Orders, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mildred Khatiala Akula
Applicant
Nancy Akinyi Lwamba
Respondent
Gaitano Angolio Atema
Interested Party
Procedural Posture
Succession Cause / Ruling on Adoption of Consent and Revocation of Grant
Legal Issues
- 1 Whether the consent between the petitioner and objector for revocation and reissuance of grant should be adopted by the court.
- 2 Whether the title deed issued to the interested party should be cancelled and the property revert to the deceased's name for fresh distribution.
Ratio Decidendi
The court found that since the application by the interested party challenging the consent had been dismissed, there was no legal impediment to adopting the consent between the petitioner and objector. The court therefore adopted the consent dated 19th June, 2014 and granted the prayers for cancellation of the title deed issued to the interested party and for the property to revert to the deceased's name for fresh distribution. The decision was based on the parties' agreement and the absence of any subsisting challenge to the consent or the process.
Court Disposition
Consent adopted; grant revoked and property to revert for redistribution.
Orders
- Consent dated 19th June, 2014 is adopted.
- Title deed issued to Gaitano Angolio Atema is cancelled.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 533 OF 2012
IN THE MATTER OF THE ESTATE OF BENEDICTO AGULA MUNGATA
alias BENEDICTO MUNGATA......................................................(DECEASED)
MILDRED KHATIALA AKULA..................................................PETITIONER
AND
NANCY AKINYI LWAMBA............................................................OBJECTOR
GAITANO ANGOLIO ATEMA.....................................INTERESTED PARTY
RULING
The petitioner and the advocates for the objector have filed a consent dated 19th June, 2014 seeking for orders that:-
1. Grant of letters of administration intestate issued to the petitioner on the 1st October, 2012 be annulled and or revolved.
2. A fresh grant be issued in the joint names of the objector Nancy Akinyi Lwamba and the petitioner Mildred Khatiala Mula.
Subsequently an interested party, Gaitano Angolio Atema, had filed an application dated 23/8/2016 seeking for orders, inter alia, that the consent between the objector and the petitioner dated 19/6/2014 be declared unlawful and incapable of enforcement in law. The said application was dismissed by Mwita J in a ruling delivered on 27/2/2017.
The advocate for the objector Phoebe Muleshe is now requesting the court to adopt the consent and allow prayers No 3 and 4 in the summons for revocation of grant dated 24th June, 2014. The two prayers are :-
(3).That title deed issued to Gitano Angolia Atema following orders confirming grant be cancelled.
(4). That L.P No Kakamega/ Shitochi/804 to revert in the name of the deceased for fresh distribution.
Since the application for the interested party dated 23/8/2016 was dismissed, the court does hereby adopt the consent dated 19th June, 2014 and grants prayers 3 and 4 in the summons for revocation of grant dated 24th June, 2014.
Orders accordingly.
Delivered, dated and signed in open court at Kakamega this 22nd day of November, 2018
J. NJAGI
JUDGE
In the presence of
No appearance …………………………………..for petitioner
No appearance …………………………………..for respondent
George ………………………………………………..court assistant