[2016] KEHC 2435 (KLR)
The court held that its discretion under section 76 of the Law of Succession Act is limited to revocation of grants where there are defects in the process of making the grant, issues with administration, or where the grant has become useless or inoperative. The court cannot use section 76 to set aside orders made...
Source-derived case information.
- Citation
- [2016] KEHC 2435 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1516 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application dismissed with costs; matter transferred to High Court at Kiambu
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Confirmation of Grant, Law of Succession Act, Jurisdiction, Procedure for Challenging Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the court can revoke a confirmed grant under section 76 of the Law of Succession Act for reasons relating to the confirmation orders.
- 2 Whether the proper procedure to challenge confirmation orders is by revocation, review, or appeal.
Ratio Decidendi
The court held that its discretion under section 76 of the Law of Succession Act is limited to revocation of grants where there are defects in the process of making the grant, issues with administration, or where the grant has become useless or inoperative. The court cannot use section 76 to set aside orders made during confirmation of the grant. Any party aggrieved by confirmation orders must seek redress through review or appeal, not by revocation. As the applicant sought to annul confirmation orders via revocation, the application was incompetent and was dismissed with costs. The court also ordered transfer of the matter to the High Court at Kiambu, as the estate assets are situated in...
Court Disposition
application dismissed with costs; matter transferred to High Court at Kiambu
Orders
- The application dated 8th July 2014 is dismissed with costs.
- The matter is transferred to the High Court of Kenya at Kiambu for disposal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1516 OF 2008
IN THE MATTER OF THE ESTATE OF KARORI KIHAGI (DECEASED)
RULING
1. The application for determination is the summons for revocation of grant dated 8th July 2014.
2. From the prayers it is quite clear that the applicant is seeking the annulment of the orders made on 27th June 2014 confirming the grant.
3. The discretion given to the court by section 76 of the Law of Succession Act, Cap 160, Laws of Kenya, is for revocation of grants where there were problems with the process of the making of the grant, difficulties with administration and where the grant has become useless and inoperative.
4. The discretion is not exercisable for the purpose of setting aside orders made on the confirmation of the grant. A party aggrieved by the orders made at the confirmation of the grant ought to challenge them by way of review or appeal. There is no discretion to set aside the said orders in purported exercise of the powers conferred by section 76 of the Act.
5. The application dated 8th July 2014 is no doubt incompetent for the reasons given above. I shall accordingly dismiss it with costs.
6. The record indicates that the estate comprises of assets situated within Githunguri, of Kiambu County. The matter shall accordingly be transferred to the High Court of Kenya at Kiambu for disposal.
7. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 26TH DAY OF OCTOBER, 2016.
W. MUSYOKA
JUDGE