[2019] KEHC 9645 (KLR)
The court found that the application for revocation or annulment of the confirmed grant dated 11th October 2018 amounted to an appeal against its own orders, which it has no jurisdiction to entertain. The court noted that the orders issued on 11th October 2018 were made following negotiations and agreement among the...
Source-derived case information.
- Citation
- [2019] KEHC 9645 (KLR)
- Parties
- Applicant: Mary Kairuthi Ndubi; Applicant: Lydia Kananu; Applicant: Lucy Mwarania; Applicant: Catherine Kendi; Respondent: Sasinta Kathure M’Mutungi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation/annulment of Confirmed Grant
- Outcome
- application dismissed
- Legal Topics
- Succession, Revocation of Grant, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Kairuthi Ndubi
Applicant
Lydia Kananu
Applicant
Lucy Mwarania
Applicant
Catherine Kendi
Applicant
Sasinta Kathure M’Mutungi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation/annulment of Confirmed Grant
Legal Issues
- 1 Whether the confirmed Letters of Administration dated 11th October 2018 should be revoked or annulled.
- 2 Whether the certificate of grant dated 11th October 2018 was in accordance with the court's judgment.
- 3 Whether the rectified grant issued on 6th December 2010 was revoked by the subsequent orders.
Ratio Decidendi
The court found that the application for revocation or annulment of the confirmed grant dated 11th October 2018 amounted to an appeal against its own orders, which it has no jurisdiction to entertain. The court noted that the orders issued on 11th October 2018 were made following negotiations and agreement among the parties regarding the distribution of the estate. The previous rectified grant dated 6th December 2010 was effectively superseded by the new orders and the subsequent certificate of confirmation. As there was no valid ground for revocation and the estate had been distributed as agreed by the beneficiaries, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for revocation or annulment of the confirmed grant dated 11th October 2018 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 82 OF 2007
IN THE MATTER OF THE ESTATE OF M’MUTUNGI KITHAMBA(DECEASED)
MARY KAIRUTHI NDUBI......................................................1ST APPLICANT
LYDIA KANANU......................................................................2ND APPLICANT
LUCY MWARANIA..................................................................3RD APPLICANT
CATHERINE KENDI................................................................4TH APPLICANT
VERSUS
SASINTA KATHURE M’MUTUNGI...............PETITIONER/RESPONDENT
RULING
1. Application dated 22nd November 2018 was filed by Zachary Kiamesi Mutungi seeking that confirmed Letters of Administration dated 11th October 2018 be revoked or annulled:
2. That the court stays the administration process in regard to confirmed letters of Administration dated 11th October 2018 pending heraring and determination of the application.
3. It was sought that the Respondents be ordered to produce in court the original grant dated 11th October 2018.
4. It was contended that certificate of grant dated 11th October 2018 was not in accordance with judgment delivered by the Court.
5. It was argued that the court in its judgment did not issue any certificate of confirmed grant neither did the court indicate in the judgment that assets were to be distributed as indicated in the grant and that rectified grant issued on 6th December 2010 was not revoked.
6. That it was not in the judgement that subdivisions of LR Nyaki/Kithoka/753, Ntima/igoki/1874 and Nyaki/Mulathankari/529 revert to original parcels.
7. It was urged that the certificate of confirmation be drawn as set out in the judgment. Catherine Kendi Mutungi responded to application by a Replying affidavit sworn on 19th January 2019.
8. I have considered the submissions in support and in opposition to the application and find that application amounts to an appeal against the orders made by this court 11th October 2018 which the court cannot sit over.
9. The court having issued orders contrary to those in certificate dated 6th December 2010, it means that automatically a fresh certificate of confirmation would issue.
10. In the certificate of confirmation dated 6th December 2010, all the assets forming part of the estate were to devolve to the widow of the deceased and both the applicant and Respondent objected to the same as a result the determination made on 11. 10. 2018 was reached at.
11. There was an application for revocation of grant that had been made to Petitioners/Respondents filed by Catherine Kendi, however the parties having engaged in negotiations and having reached an agreement this court didn’t find any reason to revoke the grant. Instead the estate was distributed to every beneficiary as per the agreement. I do therefore find that the application cannot stand and same is dismissed with no orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 7TH FEBRUARY 2019.
In the presence of:
C/A: Petitioner/Respondent:
Applicants: Ms Ntarangwi Advocate for applicant/Respondents.
4th Applicant/Respondent – present in person
Petitioner present in person
2nd Applicant/Respondent – present in person
HON. A.ONG’INJO
JUDGE