[2019] KEHC 8301 (KLR)
The court found that the applicants were not served with the notice to show cause before the file was marked as closed. In the absence of opposition from the co-administrator and given the applicants' intention to apply for confirmation of the grant, the court was satisfied that sufficient grounds existed to revise...
Source-derived case information.
- Citation
- [2019] KEHC 8301 (KLR)
- Parties
- Applicant: James Kimani Kinyanjui; Respondent: Paul Njoroge Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 877 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application to Revise Closure Order
- Outcome
- application allowed
- Judges
- A Ali-Aroni
- Legal Topics
- Confirmation of Grant, Administration of Estates, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kimani Kinyanjui
Applicant
Paul Njoroge Kinyanjui
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Revise Closure Order
Legal Issues
- 1 Whether the applicants were properly served with the notice to show cause before the file was marked as closed.
- 2 Whether the applicants have established sufficient grounds to warrant revision of the closure order to allow for confirmation of grant.
Ratio Decidendi
The court found that the applicants were not served with the notice to show cause before the file was marked as closed. In the absence of opposition from the co-administrator and given the applicants' intention to apply for confirmation of the grant, the court was satisfied that sufficient grounds existed to revise the closure order. The application was therefore allowed, subject to the administrators filing an application for confirmation of the grant within 15 days.
Court Disposition
application allowed
Orders
- The application dated 14th December 2018 is allowed.
- Administrators to file an application for confirmation of the grant within 15 days of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 877 OF 2012
IN THE MATTER OF THE ESTATE OF LEONARD KINYANJUI KIMANI(DECEASED)
JAMES KIMANI KINYANJUI....................................APPLICANT
R U L I N G
1. The application subject of this ruling is dated 14th December 2018.
The Applicants seek to revise the court order of 16th April 2018 which marked the file as closed on grounds they are desirous of applying for confirmation of the grant; and they were not served with the notice to show cause.
2. There is a replying affidavit by one Paul Njoroge Kinyanjui who is a Co-administrator and he is not opposed to the application.
3. I am satisfied that the applicants have laid a basis for the prayers sought.
4. Consequently, the application is allowed subject to the
Administrators filing an application for confirmation of the grant within 15 days of this ruling.
Dated and Delivered in Nairobi on this 4th day of April, 2019
.......................
ALI-ARONI
JUDGE