[2024] KEHC 11439 (KLR)
The court found that the objection raised by the Objector had already been conclusively addressed in the ruling dated 13th July 2022, which directed that any issues regarding the invalidation of titles issued during the period of a revoked grant should be dealt with during the confirmation of grant proceedings....
Source-derived case information.
- Citation
- [2024] KEHC 11439 (KLR)
- Parties
- Applicant: Chepochepos Warika; Respondent: Judith Nasimiyu Kiptoo & 2 others
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2015
- Procedural Posture
- Succession Cause / Ruling on Objection to Summons for Confirmation of Grant
- Outcome
- Objection dismissed; directions for service of Summons for Confirmation issued.
- Judges
- AC Mrima
- Legal Topics
- Confirmation of Grant, Revocation of Grant, Title Invalidation, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chepochepos Warika
Applicant
Judith Nasimiyu Kiptoo & 2 others
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Summons for Confirmation of Grant
Legal Issues
- 1 Whether the objection to the hearing of the Summons for Confirmation of Grant is sustainable in light of previous court rulings.
- 2 Whether the process of invalidating titles issued during the subsistence of a revoked grant should be addressed during confirmation proceedings.
Ratio Decidendi
The court found that the objection raised by the Objector had already been conclusively addressed in the ruling dated 13th July 2022, which directed that any issues regarding the invalidation of titles issued during the period of a revoked grant should be dealt with during the confirmation of grant proceedings. Since the previous orders and directions had not been set aside or stayed, the objection was without merit and was accordingly dismissed. The court further directed that the Summons for Confirmation be served upon all parties with titles or identifiable interests in the suit land, in line with the earlier rulings.
Court Disposition
Objection dismissed; directions for service of Summons for Confirmation issued.
Orders
- The objection to the hearing of the Summons for Confirmation is overruled and dismissed.
- The Summons for Confirmation shall be served upon all parties having titles to the suit land and/or any identifiable interest.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Kiptoo Kitany (Deceased) (Succession Cause 16 of 2015) [2024] KEHC 11439 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11439 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Succession Cause 16 of 2015
AC Mrima, J
September 30, 2024
IN THE MATTER OF THE ESTATE OF KIPTOO KITANY (DECEASED)
Between
Chepochepos Warika
Applicant
and
Judith Nasimiyu Kiptoo & 2 others
Respondent
Ruling
1. When this matter came up for further directions on 14th March 2024 on the hearing of the Summons for Confirmation dated 18th November 2018, Learned Counsel for the Objector contended that there was no land upon which the distribution was to be undertaken and that dealing with the instant application will be an exercise in futility.
2. The Learned Counsel for the rest of the parties was of the contrary position by dint of the several rulings since made in this matter and more so the ruling rendered on 13th July, 2022.
3. This Court undertook to carefully familiarize itself with the record and give directions on way forward, hence, this ruling.
4. Indeed, this Court has taken time and combed through the record. The ruling dated 13th July 2022 in fact settled the issue raised by the Objector herein. In paragraphs 42 and 43, the Court stated as follows:42. I also wish to add that in my view the process of invalidating any title already issued, and which may have been issued during the subsistence of the 3rd Objector’s revoked grant, should be undertaken during the hearing of the application for confirmation of the grant ……43. My view [is] that invalidation of the title deeds already issued should be addressed through the proceedings for the confirmation of the Letters of Administration ……
5. Therefore, unless the above orders and directions were either set-aside or stayed, the objection raised cannot stand. The objection is hereby overruled and dismissed.
6. Consequently, further to the directions rendered in the ruling dated 13th July 2022 and those made on 13th February 2024, the Summons for Confirmation shall also be served upon all the parties having titles to the suit land and/or having any identifiable interest on the land.
7. Further directions shall issue before the Presiding Judge on a date to be fixed by the Hon. Deputy Registrar.
8. As I come to the end of this ruling, I wish to render my unreserved apologies to the parties in this matter for the delay in rendering this decision. The delay was occasioned by the fact that since my transfer from Nairobi, I have been handling matters from the Constitutional & Human Rights Division, Kitale and Kapenguria High Courts. Further, I was appointed as a Member of the Presidential Tribunal investigating the conduct of a Judge in March 2024 thereby mostly being away from the station. Apologies galore.
9. Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 30TH DAY OF SEPTEMBER, 2024. A. C. MRIMAJUDGE