[2019] KEHC 7570 (KLR)
The court found that while the grounds raised in the application for revocation of grant may be formidable under Section 76 of the Law of Succession Act, the significant delay in bringing the application—over 26 years since the cause was initiated and 30 years since the deceased's death—has not been properly...
Source-derived case information.
- Citation
- [2019] KEHC 7570 (KLR)
- Parties
- Respondent: Charles Kiriinya Rimbere; Applicant: Catherine Mwari Mureithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 152 of 1993
- Procedural Posture
- Succession Cause / Partial Ruling on Summons for Revocation of Grant
- Outcome
- Directions issued; final ruling deferred pending filing of accounts.
- Judges
- F Gikonyo
- Legal Topics
- Revocation of Grant, Delay in Application, Distribution of Estate, Status of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kiriinya Rimbere
Respondent
Catherine Mwari Mureithi
Applicant
Procedural Posture
Succession Cause / Partial Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant issued in respect of the estate of Gideon Rimbere should be revoked or annulled under Section 76 of the Law of Succession Act.
- 2 Whether the inordinate delay in bringing the application for revocation is justified.
- 3 Whether the current status and placement of beneficiaries in the estate affects the revocation application.
Ratio Decidendi
The court found that while the grounds raised in the application for revocation of grant may be formidable under Section 76 of the Law of Succession Act, the significant delay in bringing the application—over 26 years since the cause was initiated and 30 years since the deceased's death—has not been properly explained. The estate was distributed long ago, and the court must consider how the estate has been managed and the current placement of beneficiaries. Justice requires a full understanding of the administration of the estate over the years. Accordingly, the court directed the petitioner to file a final account of the administration of the estate, detailing the status and placement of...
Court Disposition
Directions issued; final ruling deferred pending filing of accounts.
Orders
- The petitioner is directed to file within 14 days a final account on the administration of the estate, stating clearly the status and placement of beneficiaries.
- Final ruling to be delivered upon receipt of the ordered accounts.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 152 OF 1993
IN THE MATTER OF THE ESTATE OF GIDEON RIMBERE alias GIDEION M’RIMBERE (DECEASED)
CHARLES KIRIINYA RIMBERE......PETITIONER/RESPONDENT
VS
CATHERINE MWARI MUREITHI................................. APPLICANT
PARTIAL RULING
Revocation of Grant
[1] Before me is a summons dated 23rd November 2018 for revocation of grant. Matters raised in the application as well as the affidavits filed may be formidable grounds for revocation and or annulment of a grant under Section 76 of CAP 160. However, the deceased died in 1989 and this cause was initiated in 1993 which is 30 and 26 years ago respectively. There has been inordinate delay in coming to court. No proper explanation on the delay that has been given by the applicants except stating that they were not aware. One other thing; the estate was distributed long time ago and much may have passed under the bridge. The court needs to understand how the estate of the deceased has been dealt with for all those years including the placement of the beneficiaries on the ground. These matters are necessary in this case if justice is to be done and seen to be done. In light thereof, I direct the petitioner to file in 14 days final account on the administration of this estate stating clearly the status of and placement of beneficiaries on the estate. I will deliver final ruling upon receipt of the accounts ordered.
Dated, Signed and delivered in open court on 20th May 2019
........................
F. GIKONYO
JUDGE
In presence of
Kimaita for applicant
Rimiti for petitioner/respondent
---------------------------
F. GIKONYO
JUDGE