[2020] KEHC 100 (KLR)
The court held that since the applicants had withdrawn their application for revocation of grant, the preliminary objection raised by the respondents was rendered moot and could not stand. The withdrawal of the substantive application meant there was no longer any live issue for the court to determine regarding the...
Source-derived case information.
- Citation
- [2020] KEHC 100 (KLR)
- Parties
- Respondent: Madrina Kagwene M’Itiri; Respondent: Winfred Makena Itiri; Applicant: David Mutwiri M’Itiri; Applicant: Kenneth Mwenda M’Itiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 2013
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed as overtaken by events
- Legal Topics
- Succession, Revocation of Grant, Preliminary Objection, Limitation Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madrina Kagwene M’Itiri
Respondent
Winfred Makena Itiri
Respondent
David Mutwiri M’Itiri
Applicant
Kenneth Mwenda M’Itiri
Applicant
Procedural Posture
Succession Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for revocation of grant was time-barred under section 30 of the Law of Succession Act.
- 2 Whether the preliminary objection remains valid after withdrawal of the application for revocation.
Ratio Decidendi
The court held that since the applicants had withdrawn their application for revocation of grant, the preliminary objection raised by the respondents was rendered moot and could not stand. The withdrawal of the substantive application meant there was no longer any live issue for the court to determine regarding the preliminary objection.
Court Disposition
preliminary objection dismissed as overtaken by events
Orders
- The preliminary objection is dismissed as the application for revocation has been withdrawn.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 27 OF 2013
IN THE MATTER OF THE ESTATE OF M’ITIRI IRUARE alias PETER M’ITIRI M’RWARE (DECEASED)
MADRINA KAGWENE M’ITIRI.....................................................................1ST PETITIONER
WINFRED MAKENA ITIRI............................................................................2ND PETITIONER
VERSUS
DAVID MUTWIRI M’ITIRI................................................................................1ST APPLICANT
KENNETH MWENDA M’ITIRI........................................................................2ND APPLICANT
RULING
1. This is a ruling on a Preliminary Objection raised by the Petitioner in their notice dated 4/2/2020 in respect to the application for revocation dated 27/5/2019 on the ground that the same was time barred under the express provision of section 30 of the Law of Succession Act, Cap 160 Laws of Kenya which provide that applications for provision of dependants cannot be brought after a grant of representation in respect of the estate to which the application refers has been confirmed as provided by section 71 of the law of succession act.
2. The Applicants however filed a notice to withdraw their application dated 27/5/2019 and the same stands withdrawn.
3. In light of the above, the Preliminary Objection cannot therefore stand as it has been overtaken by events.
HON ANNE ADWERA ONG’INJO
JUDGE
RULING DATED AND DELIVERED BY EMAIL THIS 1ST DAY OF OCTOBER 2020
HON ANNE ADWERA ONG’INJO
JUDGE
In the presence of:-
Mr Kanijumoo Advocate for Respondents- Present online
MS Kimathi Kiara Advocate for Applicants – No appearance – to be notified.
HON ANNE ADWERA ONG’INJO
JUDGE