[2023] KEHC 22908 (KLR)
The court found that the application for review and revocation of the confirmed grant was unopposed and that the applicants had established sufficient grounds for the orders sought. In the absence of any opposition and in light of the court's inherent powers under rule 73 of the Probate and Administration Rules, the...
Source-derived case information.
- Citation
- [2023] KEHC 22908 (KLR)
- Parties
- Applicant: Abdalah Muhamed A. Kasinde; Applicant: Mariam Salim; Respondent: Antony Ngetich Seurey; Respondent: Joshua Mzee Kition
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 391 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Grant
- Outcome
- Application for review and revocation of grant allowed; orders granted as prayed.
- Judges
- SM Mohochi
- Legal Topics
- Revocation of Grant, Administration of Estate, Property Title Rectification, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalah Muhamed A. Kasinde
Applicant
Mariam Salim
Applicant
Antony Ngetich Seurey
Respondent
Joshua Mzee Kition
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Grant
Legal Issues
- 1 Whether the confirmed Grant of Letters of Administration issued to the respondents should be revoked.
- 2 Whether the property records should be rectified to reflect the applicants as proprietors.
- 3 Whether the respondents should be restrained from dealing with the disputed properties pending determination of ELC No. 454/2013.
Ratio Decidendi
The court found that the application for review and revocation of the confirmed grant was unopposed and that the applicants had established sufficient grounds for the orders sought. In the absence of any opposition and in light of the court's inherent powers under rule 73 of the Probate and Administration Rules, the court determined that it was just and necessary to revoke the grant issued to the respondents, rectify the property records to reflect the applicants as proprietors, and restrain the respondents from dealing with the disputed properties pending the outcome of ELC No. 454/2013. The court emphasized that its intervention was warranted to prevent injustice and ensure proper...
Court Disposition
Application for review and revocation of grant allowed; orders granted as prayed.
Orders
- The confirmed Grant of Letters of Administration issued to Antony Seurey and Joshua Mzee Kition on 12 June 2012 is revoked.
- The Nakuru County Government is ordered to delete the name of Antony Seurey from the records of property title number Nakuru Municipality Block 13/320 and replace it with Mohammed Ali.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Chebande Alima (Deceased) (Succession Cause 391 of 2010) [2023] KEHC 22908 (KLR) (18 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22908 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 391 of 2010
SM Mohochi, J
August 18, 2023
Between
Abdalah Muhamed A. Kasinde
1st Applicant
Mariam Salim
2nd Applicant
and
Antony Ngetich Seurey
1st Respondent
Joshua Mzee Kition
2nd Respondent
Ruling
1. Before me is an amended summons dated the 28. 1.2016 for review of the orders given by the court on 27. 2.2015. The same is brought pursuant to section 47 of the law of succession act and rules 49, 63 and 73 of the Probate and Administration Rules seeking the following reliefs;a.This application be certified as urgent and be heard on priority basis in the first instance.b.The court be pleased to review the orders granted on the 27. 2.2015 in terms as follows:i.That the confirmed Grant of Letters of Administration in respect of the estate of the late Chebande Alima (deceased) issued on the 12" June 2012 to Antony Seurey and Joshua Mzee Kition is hereby revoked.ii.The Nakuru County Government be and is hereby ordered to delete the name of Antony Seurey from the records of property title number Nakuru Municipality Block 13/320 and replace it with the name of Mohammed Ali - the 2nd applicant herein.iii.The Nakuru County Government be and is hereby ordered to delete the name of Antony Seurey from the records of property title number Nakuru Municipality Block 13/321 and replace it with the name of Mariam Salim - the 3" applicant herein.iv.and in the event that the 1st applicant herein succeeds in the said caseELC No. 454/2013, then the County Government will delete the names of Antony Seurey from the record of Parcel No. 314 and replace it with the name of Abdalah Mohamed A. Kasindec.That the Respondents by themselves, their agents, servants, employees or whomsoever are restrained from taking possession of, entering into, selling, leasing out, transferring or in any other way or manner dealing with the properties Nakuru Municipality Block 13/314 pending the hearing and determination of Nakuru High Court ELC No. 454/2013.
2. The application is unopposed notwithstanding the fact that one of the Respondent has been appearing in person. No response was ever filed and no written submissions were offered by the Respondents despite the opportunity.
3. In view of want of opposition and the fact that rule 73 of the Probate and Administration Rules was intended to remedy cases such as this, this court allows the application and the orders of this court dated February 27, 2015 are hereby reviewed as hereunder;a.That, the confirmed Grant of Letters of Administration in respect of the estate of the late Chebande Alima (deceased) issued on the 12" June 2012 to Antony Seurey and Joshua Mzee Kition is hereby revoked.b.The Nakuru County Government, County Secretary is hereby ordered to delete the name of Antony Seurey from the records of property title number Nakuru Municipality Block 13/320 and replace it with the name of Mohammed Ali - the 2nd applicant herein.c.The Nakuru County Government, County Secretary is hereby ordered to delete the name of Antony Seurey from the records of property title number Nakuru Municipality Block 13/321 and replace it with the name of Mariam Salim - the 3" applicant herein.d.and in the event that the 1st applicant herein succeeds in the said case (ELC No. 454/2013), then the Nakuru County Government, County Secretary is hereby ordered, to delete the names of Antony Seurey from the record of Parcel No. 314 and replace it with the name of Abdalah Mohamed A. Kasindee.The Respondents by themselves, their agents, servants, employees or whomsoever are restrained from taking possession of, entering into, selling, leasing out, transferring or in any other way or manner dealing with the properties Nakuru Municipality Block 13/314 pending the hearing and determination of Nakuru High Court ELC No. 454/2013.
It is so Ordered.
SIGNED, DELIVERED VIRTUALLY ON TEAMS PLATFORM ON THIS 18TH AUGUST 2023Mohochi S.MJUDGEIn the presence of: -Ms Mbugua. Holding Brief for E. Omwenyo, Advocate for the ApplicantssRespondents Appearing in person