[2019] KEHC 10273 (KLR)

[2019] KEHC 10273 (KLR)

The court found that the applicant had complied with the order of 17/10/2016 by filing for letters of administration at the Chief Magistrate’s Court Kiambu before the orders of 5/12/2016 were issued. The orders of 5/12/2016, which were adverse to the applicant for alleged non-compliance, were therefore made in...

Source-derived case information.

Citation
[2019] KEHC 10273 (KLR)
Parties
Petitioner: Cecily Gaturi Gichovi; Respondent: Ann Wairimu Kiarie
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Civil Case 172 of 2019
Procedural Posture
Ad Litem Application / Ruling on Application to Review and Set Aside Prior Orders
Outcome
application allowed; prior orders set aside
Legal Topics
Succession, Letters of Administration, Review of Orders, Error Apparent on Record
Source Language
en
Family and Children Succession Letters of Administration Review of Orders Error Apparent on Record

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Parties

Cecily Gaturi Gichovi

Petitioner

Ann Wairimu Kiarie

Respondent

Procedural Posture

Ad Litem Application / Ruling on Application to Review and Set Aside Prior Orders

Legal Issues

  1. 1 Whether the court should review and set aside its orders of 5/12/2016 due to an error apparent on the face of the record.
  2. 2 Whether the applicant complied with previous court orders to take out letters of administration.

Ratio Decidendi

The court found that the applicant had complied with the order of 17/10/2016 by filing for letters of administration at the Chief Magistrate’s Court Kiambu before the orders of 5/12/2016 were issued. The orders of 5/12/2016, which were adverse to the applicant for alleged non-compliance, were therefore made in error. The court held that this constituted an error apparent on the face of the record, justifying review and setting aside of the impugned orders. The court further directed that all matters concerning the estate be litigated in the succession cause at the Chief Magistrate’s Court, and ordered each party to bear its own costs.

Court Disposition

application allowed; prior orders set aside

Orders

  • The orders of court of 5/12/2016 be and are hereby set aside.
  • All issues arising in respect of the estate of Francis Njogu Njoroge be litigated in Succession Cause Number 555 of 2016 at the Chief Magistrate’s Court Kiambu.