[2019] KEHC 6553 (KLR)
The court found that the administrator and interested parties had disregarded previous directions to file their preferred modes of distribution. However, rather than immediately revoking the grant, the court determined that the matter should be placed before Njagi J., who had previously issued the relevant...
Source-derived case information.
- Citation
- [2019] KEHC 6553 (KLR)
- Parties
- Applicant: Administrator; Respondent: First Objector; Respondent: Second Objector; Respondent: Fourth Objector; Respondent: Interested Parties
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 120 of 2001
- Procedural Posture
- Succession Cause / Ruling on Mention for Directions Regarding Filing of Preferred Modes of Distribution and Possible Revocation of Grant
- Outcome
- Matter referred to Njagi J. for further directions; no immediate revocation of grant.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant Revocation, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrator
Applicant
First Objector
Respondent
Second Objector
Respondent
Fourth Objector
Respondent
Interested Parties
Respondent
Procedural Posture
Succession Cause / Ruling on Mention for Directions Regarding Filing of Preferred Modes of Distribution and Possible Revocation of Grant
Legal Issues
- 1 Whether the administrator and interested parties failed to comply with court directions to file preferred modes of distribution.
- 2 Whether the failure to comply warrants revocation of the grant.
- 3 What further directions should be taken regarding the pending business.
Ratio Decidendi
The court found that the administrator and interested parties had disregarded previous directions to file their preferred modes of distribution. However, rather than immediately revoking the grant, the court determined that the matter should be placed before Njagi J., who had previously issued the relevant directions, for further handling and directions on the pending business. This approach ensures continuity and gives the parties another opportunity to comply with the court's orders before any drastic action such as revocation is taken.
Court Disposition
Matter referred to Njagi J. for further directions; no immediate revocation of grant.
Orders
- The matter shall be placed before Njagi J. on a date to be given at the registry for further directions on the disposal of the pending business.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO 120 OF 2001
IN THE MATTER OF THE ESTATE OF BENJAMIN ODUNGA OTIENO (DECEASED)
RULING
1. This matter was placed before me on 8th November 2018 for mention to confirm whether the administrator and the interested parties had filed their preferred modes of distribution. At the mention, only three of the parties were in attendance – the first, second and fourth objectors. I was informed that the administrator and the interested parties were yet to file their preferred modes of distribution, and on the basis of that failure counsel sought that the grant be revoked.
2. I have perused the record. I have noted that prior to the appearance before me, the parties had on three occasions appeared before Njagi J. I was during those appearances that the court gave the directions the subject of paragraph 1.
3. In view of paragraph 2 above, I am persuaded that the matter should be placed before Njagi J., on a date to be given at the registry, for further directions on the disposal of the pending business in view of the directions given by Njagi J, which the administrator and the interested parties appear to have disregarded.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 14TH DAY OF JUNE 2019
W. MUSYOKA
JUDGE