[2020] KEHC 3674 (KLR)
The court found that the order made on 4th May, 2019 for confirmation of Grant was made in error because no Grant had actually been issued as per the record. Both parties had compromised and agreed on the transmission of the suit property, and the objector did not oppose the issuance of the Grant to the applicant....
Source-derived case information.
- Citation
- [2020] KEHC 3674 (KLR)
- Parties
- Applicant: Benjamin Kirwa Lelei; Respondent: Ruth Chemeli Bett
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 168 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Review and Correction of Record
- Outcome
- application allowed
- Judges
- OA Sewe
- Legal Topics
- Grant of Letters of Administration, Confirmation of Grant, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Kirwa Lelei
Applicant
Ruth Chemeli Bett
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review and Correction of Record
Legal Issues
- 1 Whether there was an error apparent on the face of the record regarding the issuance and confirmation of Grant.
- 2 Whether the order for confirmation of Grant made on 4th May, 2019 should be reviewed and vacated.
Ratio Decidendi
The court found that the order made on 4th May, 2019 for confirmation of Grant was made in error because no Grant had actually been issued as per the record. Both parties had compromised and agreed on the transmission of the suit property, and the objector did not oppose the issuance of the Grant to the applicant. Therefore, the court allowed the application for review, vacated the erroneous order, and directed that a Grant of Letters of Administration Intestate be issued in the applicant's name.
Court Disposition
application allowed
Orders
- The proceedings of 4th May, 2019 and the order for confirmation of Grant are hereby vacated.
- A Grant of Letters of Administration Intestate in respect of Maria Kiptiti (deceased) shall be issued in the name of the Petitioner, Benjamin Kirwa Lelei.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
SUCCESSION CAUSE NO. 168 OF 2006
IN THE MATTER OF THE ESTATE OF MARIA KIPTITI (DECEASED)
BETWEEN
BENJAMIN KIRWA LELEI...........................APPLICANT
AND
RUTH CHEMELI BETT.................................OBJECTOR
RULING
1. The application dated 8th August, 2019 was filed pursuant to Section 74 of the Law of Succession Act and Order 45 of the Civil Procedure Rules. The applicant thereby seeks to correct an error apparent on the face of the record, in that whereas on 4th May, 2019 an order was made for confirmation of Grant, no such Grant appears on the record.
2. A perusal of the court record shows that the Petition for Grant was filed on 14th July, 2006 and that notice thereof was published in the Kenya Gazette on 2nd August, 2006. Thereafter, on 23rd August, 2006, a Notice of Objection was filed herein by the Objector Ruth Chemeli Bett. In the course of time the parties compromised the matter and agreed that the suit property be transmitted to the objector. They then applied for confirmation of Grant, purporting that the Grant was issued on 2. 8.2006. Clearly therefore, the order of 4. 5.2019 was made in error and therefore warrants a review. The objector has no objection to the Grant being issued in the Petitioner’s name.
3. In the circumstances, I would allow the application dated 8th August, 2019, which I hereby do and order that the proceedings of 4th May, 2019 and the order for confirmation of Grant be and are hereby vacated. I direct that a Grant of Letters of Administration Intestate in respect of the deceased, Maria Kiptiti, be issued in the name of the Petitioner, Benjamin Kirwa Lelei.
It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 9TH DAY OF MARCH 2020
OLGA SEWE
JUDGE