[2011] KEHC 3412 (KLR)
The court found that the petitioners, having previously obtained a special grant to access part of the estate, failed to take steps to obtain a full grant as required by succession law and procedure. Their subsequent application for another special grant, without explanation for not seeking a full grant, was deemed...
Source-derived case information.
- Citation
- [2011] KEHC 3412 (KLR)
- Parties
- Applicant: Lily Chepketer Metet; Applicant: Alfred Chepkwony Metet
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 85 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Special Grant
- Outcome
- Petition struck out as an abuse of the court process. Applicants directed to seek a full grant.
- Legal Topics
- Succession Procedure, Special Grant, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lily Chepketer Metet
Applicant
Alfred Chepkwony Metet
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Special Grant
Legal Issues
- 1 Whether the petitioners are entitled to a second special grant to access funds from the estate of the deceased.
- 2 Whether the repeated applications for special grants constitute an abuse of the court process.
Ratio Decidendi
The court found that the petitioners, having previously obtained a special grant to access part of the estate, failed to take steps to obtain a full grant as required by succession law and procedure. Their subsequent application for another special grant, without explanation for not seeking a full grant, was deemed an abuse of the court process. The court exercised its discretion to strike out the petition, directing the applicants to seek a full grant in accordance with the law.
Court Disposition
Petition struck out as an abuse of the court process. Applicants directed to seek a full grant.
Orders
- The petition is struck out on the ground that it is an abuse of the court process.
- The applicants shall seek a full grant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO. 85 OF 2010
IN THE MATTER OF THE ESTATE OF
BENJAMIN KIPKEMOI METET …………………..DECEASED
VERSUS
LILY CHEPKETER METET …………………..1ST PETITIONER
ALFRED CHEPKWONY METET ……………2ND PETITIONER
RULING
The Applicants have come again for a special Grant. But they have had since July, 2010 (when they sought and obtained special Grant that facilitated their access to Shs. 189,000/=) to apply for a full grant. Since that time, they have made no efforts to seek a full grant. They have rushed to court again seeking another special grant so as to access Shs. 262,000/=. They have failed to assign reasons why they did not seek a full grant after July, 2010 when they obtained orders to access Shs. 189,000/=.
It is patently clear that the Petitioners are abusing the court process in seeking special grants. I refuse to allow them to continue to abuse the court process. The Applicants shall seek a full grant. The Petition is struck out on the ground that it is an abuse of the court process.
DATED at KERICHO this 2nd day of March 2011
G.B.M. KARIUKI,sc
RESIDENT JUDGE
COUNSEL APPEARING
Mr. Maengwe Advocate for the Petitioner
Court Clerk – Mr. Koech