[2023] KEHC 22630 (KLR)
The court found that the orders sought in the application dated June 7, 2023 had already been granted in the earlier ruling of February 8, 2023, which rectified the certificate of confirmation of grant as proposed. The court emphasized that it possesses inherent powers to rectify a grant without being formally...
Source-derived case information.
- Citation
- [2023] KEHC 22630 (KLR)
- Parties
- Applicant: Silas Kithinji Inoti; Applicant: Japhet Muthuri Inoti; Respondent: John Muthomi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 308 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application dated June 7, 2023 disallowed; parties to comply with orders issued on February 8, 2023.
- Judges
- TW Cherere
- Legal Topics
- Succession, Rectification of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kithinji Inoti
Applicant
Japhet Muthuri Inoti
Applicant
John Muthomi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the application dated June 7, 2023 for rectification of grant was necessary in light of previous court orders.
- 2 Whether the court has inherent powers to rectify a grant without being formally moved.
Ratio Decidendi
The court found that the orders sought in the application dated June 7, 2023 had already been granted in the earlier ruling of February 8, 2023, which rectified the certificate of confirmation of grant as proposed. The court emphasized that it possesses inherent powers to rectify a grant without being formally moved, as provided by section 74 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules. The court held that the subsequent application was unnecessary and contrary to the efficient use of judicial time. The proper course for the applicants was to extract the grant in accordance with the existing court order, not to file repetitive applications.
Court Disposition
Application dated June 7, 2023 disallowed; parties to comply with orders issued on February 8, 2023.
Orders
- The application dated June 7, 2023 is disallowed.
- Matter to be mentioned on December 14, 2023 to confirm compliance with the court orders issued on February 8, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of M'Inoti M'Kirigwa alias M'Inot M'Kirigua (Deceased) (Succession Cause 308 of 2007) [2023] KEHC 22630 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22630 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 308 of 2007
TW Cherere, J
September 21, 2023
In the matter of
Silas Kithinji Inoti
1st Administrator
Japhet Muthuri Inoti
2nd Administrator
Ruling
1. By a ruling delivered on February 8, 2023, Otieno J. made the following orders:a.…… A reading of section 74 show that the court needs not be moved before it can rectify a grant. That provision when read with Rule 73 of the Rules, give to court indubitable powers to purposes of meetings the ends of justice and preventing abuse of court process. I invoke the courts power, having read the application dated March 7, 2019 as well as the replying affidavit filed in opposition thereto and order that the certificate of confirmation of grant issued on December 5, 2019 be rectified as proposed in paragraph 6 of the Affidavit of Erastus Thuranira Inoti sworn on March 7, 2019 and filed with application of even date.
2. No doubt the orders sought in the application dated June 7, 2023 have already been granted and all that the Applicants were required to do was to extract the grant in terms of the court order.
3. In my considered view, the application dated June 7, 2023 goes against the spirit of optimum utilization of judicial time and it is disallowed.
4. This matter shall be mentioned on December 14, 2023 to confirm compliance with the court orders issued on February 8, 2023.
DATED AT MERU THIS 21 ST DAY OF SEPTEMBER 2023WAMAE.T. W. CHEREREJUDGEAppearancesFor Petitioners - Mr. Ondieki for J.O.Ondieki & Co. AdvocatesFor Interested Party - N/A for John Muthomi & Company Advocates