[2018] KEHC 6916 (KLR)
The court found that the application for revocation of grant had been scheduled for hearing on 3rd August but was cause listed a day earlier, and by oversight, dismissed for want of prosecution. There was no evidence that any of the parties were aware of this change, and none was present in court. In the interests...
Source-derived case information.
- Citation
- [2018] KEHC 6916 (KLR)
- Parties
- Applicant: Joseph Mwebia Jeremiah; Respondent: Florence Kairigo; Respondent: Lydia Gacheru Muthee
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 236 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Dismissal and Reinstate Cause
- Outcome
- Application allowed; order of dismissal set aside; application for revocation reinstated; no order as to costs.
- Legal Topics
- Succession Proceedings, Revocation of Grant, Reinstatement of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwebia Jeremiah
Applicant
Florence Kairigo
Respondent
Lydia Gacheru Muthee
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Dismissal and Reinstate Cause
Legal Issues
- 1 Whether the order dismissing the application for revocation of grant for want of prosecution should be set aside.
- 2 Whether the application for revocation of grant should be reinstated for hearing.
Ratio Decidendi
The court found that the application for revocation of grant had been scheduled for hearing on 3rd August but was cause listed a day earlier, and by oversight, dismissed for want of prosecution. There was no evidence that any of the parties were aware of this change, and none was present in court. In the interests of justice, the order made on 2nd August 2017 dismissing the application was set aside, and the application for revocation was reinstated for expeditious hearing and determination. No order as to costs was made.
Court Disposition
Application allowed; order of dismissal set aside; application for revocation reinstated; no order as to costs.
Orders
- The order made on 2nd August 2017 dismissing the application for revocation of grant is set aside.
- The application for revocation is reinstated for expeditious hearing and determination.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 236 OF 2005
IN THE MATTER OF THE ESTATE OF JEREMIAH MURITHI MWIRICHIA –DECEASED
JOSEPH MWEBIA JEREMIAH..........................PETITIONER
VS
FLORENCE KAIRIGO..................1ST INTERESTED PARTY
LYDIA GACHERU MUTHEE.....2ND INTERESTED PARTY
RULING
By an application under Certificate of Urgency dated 12th August 2017 the applicant’s herein sought orders reviewing, varying and setting aside order of the court made on 2nd August 2017 and reinstate the cause for hearing.
The grounds upon which application as made that the matter was moved from the date it had been fixed for hearing to 2nd August 2017 without notice of such movement and it was not done in good faith. It was argued that the interested parties had a very strong case.
The application was also supported by affidavit of Florence Kairigo and Lydia Gacheri Muthee who claimed to be daughters of the deceased. It is true that application for revocation of grant had been scheduled for hearing on 3rd August but was cause listed a day earlier and by oversight dismissed for want of prosecution. There is no evidence any of the parties were aware of this change and none was in court. The order made on 2. 8.2017 is therefore set aside and application for revocation reinstated for expeditious hearing and determination. No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS17TH DAY OF MAY 2018.
In the presence of:-
Petitioner: - Present in person. Mr Kimathi Kiara Advocate for Petitioner – N/A
Interested Party: - Mr Rimita Advocate for interested parties – No appearance
Interested party – Present in person
Order
Mention 28/6/2018 for directions
HON. A.ONG’INJO
JUDGE