[2024] KEHC 10469 (KLR)
The court found that the applicants, as administrators, had provided sufficient reason for the reinstatement of the suit file, namely, the need to amend the Grant of Letters of Administration to remove the name of a deceased administrator. The court emphasized the importance of expeditious conclusion of succession...
Source-derived case information.
- Citation
- [2024] KEHC 10469 (KLR)
- Parties
- Applicant: Stephen Rimui Njau; Applicant: Clement Njoroge Njau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3338 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement and Rectification of Grant
- Outcome
- Application allowed; suit file reinstated and Summons for Rectification of Grant to be heard forthwith.
- Judges
- H Namisi
- Legal Topics
- Succession, Grant Rectification, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Rimui Njau
Applicant
Clement Njoroge Njau
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement and Rectification of Grant
Legal Issues
- 1 Whether the suit file should be reinstated to allow prosecution of the Summons for Rectification of Grant.
- 2 Whether the Administrators have provided sufficient reason for the amendment of the Grant of Letters of Administration.
Ratio Decidendi
The court found that the applicants, as administrators, had provided sufficient reason for the reinstatement of the suit file, namely, the need to amend the Grant of Letters of Administration to remove the name of a deceased administrator. The court emphasized the importance of expeditious conclusion of succession matters and held that the interests of justice required the file to be reinstated so that the Summons for Rectification of Grant could be heard and determined. The court exercised its discretion to allow the application, noting that no prejudice would be occasioned to any party and that the proper administration of the estate necessitated the orders sought.
Court Disposition
Application allowed; suit file reinstated and Summons for Rectification of Grant to be heard forthwith.
Orders
- The Notice of Motion dated 24 June 2024 is allowed.
- The Summons for Rectification of Grant dated 24th June 2024 shall be set down for hearing forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Boniface Njau Rimui (Deceased) (Succession Cause 3338 of 2005) [2024] KEHC 10469 (KLR) (Family) (29 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10469 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 3338 of 2005
H Namisi, J
August 29, 2024
In the matter of
Stephen Rimui Njau
1st Administrator
Clement Njoroge Njau
2nd Administrator
Ruling
1. Before the Court is Notice of Motion dated 24 June 2024 seeking the following orders:i.That the suit file herein be reinstated;ii.That upon reinstatement of the suit file herein, the Application for amendment of Grant of Letters of Administration and the Confirmation of Grant filed herewith be heard forthwith;iii.That the costs of the application be in the cause
2. The Application is supported by the Affidavit of Stephen Rimui Njauand Clement Njoroge Njau, the Administrators and the grounds on the face of the Application.
3. The Grant of Letters of Administration was confirmed on 4th December 2006. The confirmed Grant was then rectified on 4th April 2017 and 21 January 2021. The Applicants would like the matter to be reinstated so that they can prosecute their Summons for Rectification dated 24 June 2024. In the Affidavit, the Applicants state that the reason for the amendment is to remove the name of one Administrator who is now deceased.
4. The Applicants state that since 21 January 2021, the file has not been active. It is when they perused the court tile that they realised that the court had, on its motion, closed the file on 18 May 2022.
5. One of the issues that confronts me is the need for expeditious conclusion of matters before the Court. It is crucial that the Administrators herein move with speed to finalise the distribution of the estate to avoid further Applications seeking rectification of the confirmed Grant. With this in mind, I order as follows:i.The Notice of Motion dated 24 June 2024 is hereby allowed.ii.The Summons for Rectification of Grant dated 24th June 2024 shall be set down for hearing forthwith;iii.Mention on 11th September 2024 before the Deputy Registrar for purposes of fixing a hearing date for the Summons for Rectification of Grant;iv.Costs in the cause
DATED AND DELIVERED AT NAIROBI THIS 29 DAY OF AUGUST 2024HELENE R. NAMISIJUDGEDelivered on virtual platform in the presence of:Matwere ..........for the Applicants