[2019] KEHC 11326 (KLR)
The court found that its directions on 22nd January 2019 regarding the distribution of the estate were made in error, as the estate had already been distributed in the ruling of 5th March 2018 and there was no outstanding distribution. No party had applied for review or variation of the earlier orders. Exercising...
Source-derived case information.
- Citation
- [2019] KEHC 11326 (KLR)
- Parties
- Applicant: Peter Kabui Mbatia; Applicant: Anastasia Wanjiku Kabui; Respondent: Elizabeth Njeri Mbatia; Respondent: Simon Thairu Mbatia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2927 of 1999
- Procedural Posture
- Succession Cause / Ruling on Review and Clarification of Distribution Orders
- Outcome
- Proceedings and directions of 22nd January 2019 set aside; distribution to proceed as per 5th March 2018 ruling.
- Judges
- AO Muchelule, AN Ongeri
- Legal Topics
- Succession, Estate Distribution, Certificate of Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kabui Mbatia
Applicant
Anastasia Wanjiku Kabui
Applicant
Elizabeth Njeri Mbatia
Respondent
Simon Thairu Mbatia
Respondent
Procedural Posture
Succession Cause / Ruling on Review and Clarification of Distribution Orders
Legal Issues
- 1 Whether the directions given on 22nd January 2019 regarding distribution of the estate were valid in light of the prior ruling of 5th March 2018.
- 2 Whether the court should review and set aside the proceedings and directions of 22nd January 2019.
Ratio Decidendi
The court found that its directions on 22nd January 2019 regarding the distribution of the estate were made in error, as the estate had already been distributed in the ruling of 5th March 2018 and there was no outstanding distribution. No party had applied for review or variation of the earlier orders. Exercising its inherent power to correct mistakes, the court reviewed and set aside the proceedings and directions of 22nd January 2019. The parties were directed to proceed on the basis of the distribution contained in the 5th March 2018 ruling, and an amended certificate of distribution was to issue accordingly.
Court Disposition
Proceedings and directions of 22nd January 2019 set aside; distribution to proceed as per 5th March 2018 ruling.
Orders
- The proceedings and directions of 22nd January 2019 are reviewed and set aside.
- The parties shall proceed on the basis of the distribution contained in the 5th March 2018 ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2927 OF 1999
IN THE MATTER OF THE ESTATE OF JONATHAN MBATIA KIEYA - (DECEASED)
PETER KABUI MBATIA...............................................1ST APPLICANT
ANASTASIA WANJIKU KABUI..................................2ND APPLICANT
VERSUS
ELIZABETH NJERI MBATIA..................................1ST RESPONDENT
SIMON THAIRU MBATIA.......................................2ND RESPONDENT
RULING
1. In the Ruling delivered on 5th March 2018 this court distributed the estate of the deceased. An amended certificate of confirmation was supposed to issue containing the beneficiaries and their shares.
2. When on 22nd January 2019 the court stated that –
“The estate has to be distributed …………………..”
that was a mistake as there was no distribution that was outstanding at the time. The mistake was inadvertent.
3. There was no application to review and/or vary or set aside the ruling and orders of 5th March 2018.
4. On my own motion, I review and set aside the proceedings and directions of 22nd January 2019. The parties shall proceed on the basis of distribution contained in the Ruling above. An amended certificate of distribution shall accordingly issue.
DATED and SIGNED at NAIROBI this 22ND day of MAY 2019
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 29TH day of MAY 2019
A.N. ONGERI
JUDGE