[2017] KEHC 8256 (KLR)
The court found that the applicant's application for review was without merit as it failed to demonstrate any error apparent on the face of the record, discovery of new and important evidence, or other sufficient reason as required by law. The original application for revocation of grant was found to be incompetent...
Source-derived case information.
- Citation
- [2017] KEHC 8256 (KLR)
- Parties
- Applicant: Kinyanjui Kang’atu alias Gathiaka Kang’atu; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1167 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Dismissal Order
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Succession Review, Revocation of Grant, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyanjui Kang’atu alias Gathiaka Kang’atu
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Dismissal Order
Legal Issues
- 1 Whether the applicant established grounds for review of the order dismissing the application for revocation of grant.
- 2 Whether there was an error apparent on the face of the record or discovery of new evidence justifying review.
Ratio Decidendi
The court found that the applicant's application for review was without merit as it failed to demonstrate any error apparent on the face of the record, discovery of new and important evidence, or other sufficient reason as required by law. The original application for revocation of grant was found to be incompetent due to lack of specificity regarding the grant sought to be revoked, and the applicant did not take steps to amend or clarify the application before it was determined. Consequently, there was no basis for reviewing the dismissal order, and the application was dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application dated 27th August 2015 is dismissed.
- The respondents shall have costs of the application.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1167 OF 2011
IN THE MATTER OF THE ESTATE OF KANG’ATU MWENETHI (DECEASED)
RULING
1. The application for determination is a Summons dated 27th August 2015. It is brought at the instance of Kinyanjui Kang’atu alias Gathiaka Kang’atu. It seeks that review of orders made on 23rd January 2015 dismissing an application for revocation of grant dated 15th June 2011.
2. The grounds for the said dismissal were that the applicant had not specifically identified the grant sought to be revoked in terms of when the same was made and by which court. There was no specific indication of the grant sought to be revoked, save that the prayers in the application were merely for revocation of a grant. The affidavit was equally vague.
3. I have carefully gone through the application, together with the affidavit in support. I have also gone through the written submissions filed by both parties. There is nothing from the papers filed herein that would warrant review of the orders sought. The application dated 15th June 2011 was hopelessly incompetent and nothing could salvage it, apart from its amendment prior to its argument. However, the applicant did not avail himself of the opportunity and did not have it amended before it was presented for determination but proceeded to have it disposed of in its hopeless state.
4. It has not been demonstrated that there was an error on the face of the record, nor discovery of new and important matter of evidence that could not be placed before the court made its decision on 23rd January 2015. It has not shown that there exist other sufficient reasons for review of the orders of 23rd January 2015.
5. Consequently, there is nothing to review and I do hereby dismiss the application dated 27th August 2015. The respondents shall have costs of the application.
6. The only asset of the estate is Loc. 1/Kiunyu/163, located within Murang’a County. The matter shall be transferred to the High Court of Kenya at Murang’a for disposal.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE