[2008] KEHC 184 (KLR)
The court determined that, given the familial relationship between the parties and the need for lasting peace, the dispute regarding the deceased's estate should be resolved on its merits. The court exercised its inherent jurisdiction to allow the reinstatement of the application for revocation of grant, despite...
Source-derived case information.
- Citation
- [2008] KEHC 184 (KLR)
- Parties
- Petitioner: Mary Kimoi Sang; Respondent: Charles K. Kandie
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 475 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application to Reinstate Revocation Application
- Outcome
- Application to reinstate the revocation application allowed.
- Legal Topics
- Grant Revocation, Joint Ownership, Administration of Estates, Inheritance Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Kimoi Sang
Petitioner
Charles K. Kandie
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Reinstate Revocation Application
Legal Issues
- 1 Whether the application to reinstate the revocation application dated 8th October 2004 should be allowed.
- 2 Whether the repeated applications by the respondent amount to harassment of the petitioner.
- 3 Whether the dispute over the deceased's land should be resolved on merit.
Ratio Decidendi
The court determined that, given the familial relationship between the parties and the need for lasting peace, the dispute regarding the deceased's estate should be resolved on its merits. The court exercised its inherent jurisdiction to allow the reinstatement of the application for revocation of grant, despite previous procedural dismissals, to ensure that the substantive issues between the parties are finally adjudicated. The court also considered that repeated applications could amount to harassment, but prioritized a final resolution of the dispute over procedural technicalities.
Court Disposition
Application to reinstate the revocation application allowed.
Orders
- The application to reinstate the revocation application dated 8th October 2004 is allowed.
- The applicant is to fix the application for hearing within 45 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE 475 OF 1998
IN THE MATTER OF THE ESTATE OF KIPSANG KANDIE (DECEASED)
MARY KIMOI SANG………....…………………....PETITIONER
VERSUS
CHARLES K. KANDIE…………………...……RESPONDENT
RULING
MARY KIMOI SANG, the Petitioner, is the widow of Kipsang Kandie (the deceased). After being issued with the letters of administration in this cause on the 2nd October 2000, she got the deceased’s piece of land situate in Ravine and known as Title No. Baringo/Ravine/102 transferred to her name. On learning of that her brother-in-law Charles Kandie applied on 8th October 2004 under Rule 44(1) of the Probate and Administration Rules for the revocation of that grant on the ground that the deceased owned that piece of land jointly with him. That application was on ………………..dismissed for want of prosecution. Instead of applying to reinstate it his advocate made a fresh application which I struck out on 17th July 2008 for being res judicata. He has now come back under Rule 73 of the Matrimonial Causes Rules and the inherent jurisdiction of this court and sought to reinstate the application dated 8th October 2004.
Mr. Kipkenei for the Respondent sees this application as harassment of the Petitioner. He urged me to dismiss it and allow the Petitioner to enjoy her late husband’s property peacefully.
I have considered matter. The applicant is the Respondent's brother-in-law. For them to have lasting peace it is my view that the dispute between them should be resolved on merit and finally decided. In the circumstances I allow this application and order the applicant to fix the application for hearing within 45 days. The parties being relatives I order that each bears its own costs.
DATED and delivered at Nakuru this 6th day of November, 2008.
D. K. MARAGA
JUDGE.