[2024] KEHC 106 (KLR)
The court found that the petitioner failed to take necessary steps to confirm the grant of probate within the statutory period, and her absence from the country did not constitute a valid excuse given the availability of electronic filing and remote court access. The court therefore declined to review its earlier...
Source-derived case information.
- Citation
- [2024] KEHC 106 (KLR)
- Parties
- Applicant: Tarulata Kilipkumar Patel; Applicant: Mayur Maganbhai Chaturbhai Patel; Applicant: Pradeep Chandrankant Purshottam Patel
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E022 of 2021
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Revocation of Grant of Probate
- Outcome
- Application for review dismissed; earlier revocation of grant stands; file closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Revocation of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tarulata Kilipkumar Patel
Applicant
Mayur Maganbhai Chaturbhai Patel
Applicant
Pradeep Chandrankant Purshottam Patel
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Review of Revocation of Grant of Probate
Legal Issues
- 1 Whether the court should review its earlier ruling revoking the grant of probate issued to the petitioner.
- 2 Whether the petitioner's absence from the country justified the delay in seeking confirmation of grant.
Ratio Decidendi
The court found that the petitioner failed to take necessary steps to confirm the grant of probate within the statutory period, and her absence from the country did not constitute a valid excuse given the availability of electronic filing and remote court access. The court therefore declined to review its earlier ruling revoking the grant and directed that a fresh petition be filed if the petitioner or other interested parties wished to pursue administration of the estate.
Court Disposition
Application for review dismissed; earlier revocation of grant stands; file closed.
Orders
- Application for review of the ruling dated September 26, 2023 is dismissed.
- Petitioner to file a fresh petition for grant of probate if so advised.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Dilipkumar Maganbhai Patel (Deceased) (Succession Cause E022 of 2021) [2024] KEHC 106 (KLR) (18 January 2024) (Ruling)
Neutral citation: [2024] KEHC 106 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E022 of 2021
RE Aburili, J
January 18, 2024
IN THE MATTER OF THE ESTATE OF DILIPKUMAR MAGANBHAI PATEL (DECEASED)
In the matter of
Tarulata Kilipkumar Patel
1st Petitioner
Mayur Maganbhai Chaturbhai Patel
2nd Petitioner
Pradeep Chandrankant Purshottam Patel
3rd Petitioner
Ruling
1. The Ruling of September 26, 2023 revoked the grant of probate issued on October 4, 2021 and closed this file, while directing that a fresh petition for grant of probate be filed by the interested persons in the estate of the deceased Dilipkumar Maganbhai Patel.
2. This is because a grant once issued should be confirmed atleast six (6) months later.
3. In this case, from October 4, 2021, when the grant of probate was issued, no summons for confirmation of the said grant were filed for consideration by the court.
4. Despite the explanation for delay, it is clear that the Petitioner lost interest. I say so because being out of the country does not bar one from continuing the proceedings instituted in court, noting that following the Covid 19 pandemic, courts started receiving pleadings via email and we have since gone e-filing hence nothing prevented the Petitioner from instructing her advocate to file summons for confirmation of grant in good time now that the petition was filed barely four (4) months following the demise of the deceased testator.
5. Accordingly, I decline to review the Ruling of September 26, 2023 and dismiss it.
6. The Petitioner to file a fresh petition for consideration by the court.
7. Ruling to be typed. I so order.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE