[2023] KEHC 24364 (KLR)
The court found that the applicants had demonstrated the existence of a bank account belonging to the deceased which was omitted from the schedule of assets at the time of confirmation of the grant. The omission was not due to lack of diligence but rather because the asset only came to their attention after the...
Source-derived case information.
- Citation
- [2023] KEHC 24364 (KLR)
- Parties
- Applicant: Lily Jepkoech Yego; Applicant: Elly Patricia Jemutai Yego
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E027 of 2022
- Procedural Posture
- Succession Cause / Ruling on Summons for Review of Confirmed Grant
- Outcome
- Application allowed; confirmed grant reviewed to include omitted bank account.
- Judges
- EKO Ogola
- Legal Topics
- Succession, Confirmation of Grant, Review of Grant, Omitted Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lily Jepkoech Yego
Applicant
Elly Patricia Jemutai Yego
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Review of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant of letters of administration intestate should be reviewed to include an omitted bank account as part of the estate.
- 2 Whether the applicants have satisfied the legal requirements for review of a confirmed grant under the applicable rules.
Ratio Decidendi
The court found that the applicants had demonstrated the existence of a bank account belonging to the deceased which was omitted from the schedule of assets at the time of confirmation of the grant. The omission was not due to lack of diligence but rather because the asset only came to their attention after the grant was confirmed. The court held that this constituted discovery of new and important evidence, justifying review of the confirmed grant under Order 45 of the Civil Procedure Rules and in line with the court's inherent jurisdiction under Rule 73 of the Probate and Administration Rules. The court was satisfied that the requirements for review were met and that justice required...
Court Disposition
Application allowed; confirmed grant reviewed to include omitted bank account.
Orders
- The certificate of confirmation of grant issued on 31st October 2022 is hereby reviewed.
- ABSA Bank Account Number 203889135 is to be included in the schedule of the properties of the deceased and distributed to the beneficiary.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Charles Kipkemoi Yego (Deceased) (Succession Cause E027 of 2022) [2023] KEHC 24364 (KLR) (Family) (18 September 2023) (Ruling)
Neutral citation: [2023] KEHC 24364 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E027 of 2022
EKO Ogola, J
September 18, 2023
In the matter of
Lily Jepkoech Yego
1st Applicant
Elly Patricia Jemutai Yego
2nd Applicant
Ruling
1. The Summons before the Court are dated 14th April 2023. The Applicants pray for the following Orders:-a.That the confirmed Grant of Letters of Administration Intestate made to the said Lily Jepkoech Yego and Elly Patricia Jemutai Yego in this matter on the 14th April 2022 be reviewed;b.The cost of the Application be costs in the cause.
2. The Summons were based on the grounds set therein and the joint Supporting Affidavit sworn by the Applicants.
3. The Applicants were issued with Grants of Letters of Administration on 14th April 2022. The schedule of assets of the Estate was presented to Court on 25th October 2022. Thereafter, a Certificate of Confirmation of Grant was issued on 31st October 2022. One of the properties in the aforesaid schedule, ABSA Bank Account Number xxxx was omitted and only came to the attention of the joint Administrators after the Confirmation of Grant. It is stated that the beneficiaries now desire that the Confirmed Grant be reviewed to include the said bank account.
Determination 4. I have considered the Summons as filed, the supporting Affidavit and the entire record of the court. Rule 73 of the Probate and administration Rulesprovide as follows:-“Nothing in these Rules shall limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.”
5. This provision gives a party leeway to file an application which is not otherwise provided for under the rules and affirms the inherent jurisdiction of the Court to make such orders as may be necessary for the ends of justice. Under Order 45 of the Civil Procedure Rules, review can only be allowed under the following circumstances: discovery of new and important matter of evidence which, after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or the Order made; mistake or error apparent on the face of the record; and any other sufficient reason which may make the court to review its order.
6. In this matter, the administrator is seeking to amend the grant to include properties which were omitted from the confirmed grant. This review can therefore be under the discovery of new evidence which was not within their knowledge before the grant was confirmed. As stated in the case ofIn re Estate of Kanyingi Gatwe (Deceased) [2018] eKLR“Where property is discovered after confirmation, the parties have a window to go back to Court with an application for review for the confirmation of the grant to be reconsidered within the same cause.”
7. Annexed to the Summons is a copy of email communication between the Applicants’ counsel and the Branch Operations Lead of ABSA Bank Muthaiga Brunch confirming that the ABSA Bank Account Number xxxx belongs to the deceased.In my view, the Applicants have satisfactorily demonstrated to this Court that the said Bank account belongs to the deceased’s estate and should therefore be included therein at this point.
8. In view of the foregoing, I find that the Summons dated 14th April 2023 merited. I order as follows:a.The certificate of confirmation of grant issued on 31st October 2022 is hereby reviewed.b.ABSA Bank Account Number 203889135 be included in the schedule of the properties of the deceased and be distributed to the beneficiary.c.Costs be in the causeIt is so Ordered
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF SEPTEMBER, 2023. E.K. OGOLAJUDGEIn the presence of:Ms. Wambo for the AdministratorsGisiele Muthoni Court Assistant