[2020] KEHC 8371 (KLR)

[2020] KEHC 8371 (KLR)

The court found that the applicant failed to satisfy the requirements for review or rectification of the confirmed grant. The alleged new evidence—a valuation report—was obtained after the confirmation of the grant and after the applicant had already unsuccessfully sought review on similar grounds. The court held...

Source-derived case information.

Citation
[2020] KEHC 8371 (KLR)
Parties
Applicant: Ann Ntwiki; Respondent: Janet Kanyua Rwanda; Interested Party: Patrick Muthaura Mbaya
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Case Number
Succession Cause 397 of 2015
Procedural Posture
Succession Cause / Ruling on Applications for Review/rectification and Execution of Confirmed Grant
Outcome
Application for review/rectification dismissed with costs; application for execution of confirmed grant allowed in part without costs.
Judges
BB Limo
Legal Topics
Succession Estate Distribution, Confirmation of Grant, Review of Court Orders, Bona Fide Purchaser, Rectification of Grant
Source Language
en
Family and Children Civil Procedure Succession Estate Distribution Confirmation of Grant Review of Court Orders Bona Fide Purchaser Rectification of Grant

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Summary, issues, holding and outcome

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Parties

Ann Ntwiki

Applicant

Janet Kanyua Rwanda

Respondent

Patrick Muthaura Mbaya

Interested Party

Procedural Posture

Succession Cause / Ruling on Applications for Review/rectification and Execution of Confirmed Grant

Legal Issues

  1. 1 Whether the applicant has established grounds for review or rectification of the confirmed grant based on discovery of new evidence.
  2. 2 Whether the sale of estate property to the interested party was fraudulent or at undervalue and if this can be addressed in succession proceedings.
  3. 3 Whether the respondent/first administratrix is entitled to execution orders to implement the confirmed grant.

Ratio Decidendi

The court found that the applicant failed to satisfy the requirements for review or rectification of the confirmed grant. The alleged new evidence—a valuation report—was obtained after the confirmation of the grant and after the applicant had already unsuccessfully sought review on similar grounds. The court held that the issue of the purchaser's entitlement and the validity of the sale had already been determined, and the applicant's attempt to revisit the matter was an abuse of process and res judicata. The court further held that the proper forum for challenging the sale price or alleging fraud is not succession proceedings but a different forum. The application for review or...

Court Disposition

Application for review/rectification dismissed with costs; application for execution of confirmed grant allowed in part without costs.

Orders

  • The application dated 7th June 2019 for review or rectification of the confirmed grant is dismissed with costs.
  • The application dated 6th May 2019 is allowed in terms of prayer 1 and 2: inhibition orders registered on the suit land by the respondent are lifted; the Deputy Registrar is empowered to execute necessary documents in place of the 2nd administratrix to facilitate implementation of the confirmed grant dated 4th...