[2024] KEHC 13202 (KLR)
The court held that since the grant in question had already been revoked in its ruling of 20th November 2023, there was no grant left to revoke. The proper procedure is for the beneficiaries to petition for a fresh grant in a new file, not in the present closed file. The application for revocation of grant dated 9th...
Source-derived case information.
- Citation
- [2024] KEHC 13202 (KLR)
- Parties
- Applicant: Nachhatar Kaur Brah alias Brah Nichhatar Kaur Harjit Singh alias Nasharar Kaur Brah; Respondent: Jagdeep Singh Brah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 of 2019
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application struck out; file closed
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Administration of Estate, Death of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nachhatar Kaur Brah alias Brah Nichhatar Kaur Harjit Singh alias Nasharar Kaur Brah
Applicant
Jagdeep Singh Brah
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the court can revoke a grant that has already been revoked in a previous ruling.
- 2 Whether beneficiaries should petition for a fresh grant in the same file or a new file.
Ratio Decidendi
The court held that since the grant in question had already been revoked in its ruling of 20th November 2023, there was no grant left to revoke. The proper procedure is for the beneficiaries to petition for a fresh grant in a new file, not in the present closed file. The application for revocation of grant dated 9th August 2024 was therefore struck out as misconceived and incompetent.
Court Disposition
application struck out; file closed
Orders
- The application/summons for revocation of grant dated 9th August 2024 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Harjit Singh Brah alias Harjit Singh Nihal - (Deceased) (Succession Cause 3 of 2019) [2024] KEHC 13202 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13202 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 3 of 2019
RE Aburili, J
October 28, 2024
Between
Nachhatar Kaur Brah alias Brah Nichhatar Kaur Harjit Singh alias Nasharar Kaur Brah
Petitioner
and
Jagdeep Singh Brah
Objector
Ruling
1. Vide Ruling of 20th November 2023, this court already revoked the grant which is now sought to be revoked, and ordered that beneficiaries to petition for a fresh grant since the sole administrator had died before completing the administration of the estate.
2. It follows that there is no grant capable of being revoked the second time.
3. In addition, the beneficiaries shall be required to petition afresh in a separate file not in the present closed file.
4. Accordingly, the application/summons for revocation of grant dated 9th August 2024 is hereby struck out with no orders as to costs and this file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE