[2017] KEHC 9383 (KLR)
The court held that the applicants could not rely on the affidavit dated 8th March, 2016 to obtain confirmation of the grant, as no such prayer was made in the application. The court had already determined the application dated 8th March, 2016 and could not revisit it to grant reliefs not sought therein. The proper...
Source-derived case information.
- Citation
- [2017] KEHC 9383 (KLR)
- Parties
- Applicant: Daudi Ngure Chege; Respondent: Mary Njeri; Respondent: Purity Wangui Wachira; Respondent: Peter Kinuthia Mburu; Respondent: David Ngure; Respondent: Fredrick Chege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1775 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application to Compel Respondents to Sign Consent Forms for Confirmation of Grant
- Outcome
- Application for confirmation of grant declined; applicants advised to file a formal application for confirmation.
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daudi Ngure Chege
Applicant
Mary Njeri
Respondent
Purity Wangui Wachira
Respondent
Peter Kinuthia Mburu
Respondent
David Ngure
Respondent
Fredrick Chege
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Compel Respondents to Sign Consent Forms for Confirmation of Grant
Legal Issues
- 1 Whether the applicants can obtain confirmation of grant based on an affidavit without filing a formal application for confirmation.
- 2 Whether the court can grant orders not specifically prayed for in the application dated 8th March, 2016.
Ratio Decidendi
The court held that the applicants could not rely on the affidavit dated 8th March, 2016 to obtain confirmation of the grant, as no such prayer was made in the application. The court had already determined the application dated 8th March, 2016 and could not revisit it to grant reliefs not sought therein. The proper procedure requires the applicants to file a formal application for confirmation of grant and serve it upon the respondents. Only then can the court consider and determine the issue of confirmation of grant and distribution of the estate.
Court Disposition
Application for confirmation of grant declined; applicants advised to file a formal application for confirmation.
Orders
- Applicants to file a formal application for confirmation of grant and serve the same upon the respondents.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
SUCCESSION CAUSE NO. 1775 OF 1999
IN THE MATTER OF THE ESTATE OF JOSEPHINE MWIHAKI NGURE (DECEASED)
DAUDI NGURE CHEGE............................................................... APPLICANT
VERSUS
MARY NJERI ....................................................................1ST RESPONDENT
PURITY WANGUI WACHIRA .............................................2ND RESPONDENT
PETER KINUTHIA MBURU ...............................................3RD RESPONDENT
DAVID NGURE .................................................................4TH RESPONDENT
FREDRICK CHEGE ...........................................................5TH RESPONDENT
RULING
1. A limited grant of letters of administration intestate in this case was issued to Daudi Ngure Chege and Anthony Maina Mburu jointly on 4th November, 1999. On 22nd March, 2016, the applicants moved the court through application dated 8th march, 2016 seeking orders compelling Mary Njeri, Purity Wangui, Peter Kinuthia and David Ngure and Fredrick to sign consent forms for purposes of confirming the grant and have the estate distributed.
2. Despite service of the said application upon the respondents who are also dependants and beneficiaries of the estate, none of them responded hence the same proceeded exparte and the court on 28th March, 2017 delivered its ruling directing the applicants/administrators to file an application for confirmation and serve the same upon the respondents.
3. Pursuant to the said directions, the applicants/administrators sought to have the grant confirmed by way of affidavit without filing a formal application for confirmation. The applicants cannot rely on the affidavit dated 8th March, 2016
to have the grant confirmed as no such prayer was made in that application.
4. The court having made a determination on the application dated 8th March, 2016, the same cannot be heard further by seeking to confirm the grant which was not one of the prayers. Accordingly, the applicants are advised to file a formal application for confirmation of grant and have the same served upon the respondents.
Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 1ST DAY OF AUGUST, 2017.
J.N. ONYIEGO (JUDGE)
In the presence of
.................................................................................. the applicants
.................................................................................. the respondents