[2020] KEHC 6711 (KLR)
The court found that since the applicant had filed a notice to withdraw his application for rectification of the grant, the application stood withdrawn. The 2nd respondent, having opposed the application, was entitled to costs. The court therefore ordered the withdrawal of the application with costs to the 2nd...
Source-derived case information.
- Citation
- [2020] KEHC 6711 (KLR)
- Parties
- Applicant: John P. Nangurai; Respondent: Ruth Hellen Sempeyo Nangurai; Respondent: Andrew Loue Nangurai; Respondent: George M. Nangurai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 207 of 2009
- Procedural Posture
- Succession Cause / Ruling on Withdrawal of Application for Rectification of Grant
- Outcome
- Application withdrawn with costs to the 2nd respondent.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Grant Rectification, Estate Distribution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John P. Nangurai
Applicant
Ruth Hellen Sempeyo Nangurai
Respondent
Andrew Loue Nangurai
Respondent
George M. Nangurai
Respondent
Procedural Posture
Succession Cause / Ruling on Withdrawal of Application for Rectification of Grant
Legal Issues
- 1 Whether the application for rectification of grant should be allowed or withdrawn.
- 2 Whether the 2nd respondent is entitled to costs after opposing the application.
Ratio Decidendi
The court found that since the applicant had filed a notice to withdraw his application for rectification of the grant, the application stood withdrawn. The 2nd respondent, having opposed the application, was entitled to costs. The court therefore ordered the withdrawal of the application with costs to the 2nd respondent. No further orders were made regarding compensation to the 2nd respondent as no formal application for compensation had been filed.
Court Disposition
Application withdrawn with costs to the 2nd respondent.
Orders
- The application dated 30th October 2019 is withdrawn.
- Costs awarded to the 2nd respondent, Andrew Loue Nangurai.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 207 OF 2009
IN THE MATTER OF THE ESTATE OF HARRY LOUIS NANGURAI (DECEASED)
JOHN P. NANGURAI............ADMINISTRATOR/APPLICANT
VERSUS
RUTH HELLEN SEMPEYO NANGURAI...1ST RESPONDENT
ANDREW LOUE NANGURAI.....................2ND RESPONDENT
GEORGE M. NANGURAI..............................3RD RESPONDENT
RULING
1. The deceased Harry Louis Nangurai died intestate on 12th August 1984. His estate comprised of Land Parcels Ngong/Ngong/289 and 274. John P. Nangurai (the applicant), Andrew Loue Nangurai (the 2nd respondent) and George M. Nangurai (the 3rd respondent) being sons of the deceased petitioned and were issued with the grant of letters of administration intestate on 28th April 2009 and confirmed on 9th March 2010. The grant was revoked upon an application by a beneficiary, Ruth Hellen Sempeyo Nangurai, and a fresh grant issued in her favour. The beneficiaries entered into a deed of settlement in relation to the distribution of the estate. The court on the 14th December 2015 delivered its judgment where it adopted the distribution as per the deed of settlement of 30th July 2013 and confirmed the grant.
2. The applicant filed the present application dated 30th October 2019 seeking the rectification of the grant. What he wanted was the redistribution of the estate in a manner that he had proposed. The 2nd respondent substantially opposed the application, but also sought to be compensated for the work he had done in the administration of the estate. He did not, however, file a formal application for compensation.
3. The application came up for hearing on 12th February 2020. The 1st respondent and other beneficiaries did not oppose the application. The matter was adjourned for the preparation of a ruling.
4. However, on 28th February 2020 the applicant filed a notice to withdraw the application. That being the case, I order the application dated 30th October 2019 and filed on the same day by the applicant John P. Nangurai to be withdrawn with costs to the 2nd respondent Andrew Loue Nangurai who had opposed it.
DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this 8TH day of APRIL 2020.
A.O. MUCHELULE
JUDGE