[2019] KEHC 3486 (KLR)
The court found that the procedural errors in the heading and conduct of the appeal were not fatal and could be cured under Article 159 of the Constitution and Rule 73 of the Probate and Administration Rules, which empower the court to administer justice without undue regard to technicalities. The appellant, acting...
Source-derived case information.
- Citation
- [2019] KEHC 3486 (KLR)
- Parties
- Appellant: Geofrey Ngotho Njoroge
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Appeal 1 of 2019
- Procedural Posture
- Miscellaneous Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- HK Chemitei
- Legal Topics
- Probate and Administration, Limited Grant of Letters, Estate Beneficiaries, Land Dispute, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Ngotho Njoroge
Appellant
Procedural Posture
Miscellaneous Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to a limited grant of letters of administration for the purpose of prosecuting his rights in the land parcel belonging to the deceased.
- 2 Whether procedural errors in the appeal and lower court proceedings are fatal to the application for limited grant.
Ratio Decidendi
The court found that the procedural errors in the heading and conduct of the appeal were not fatal and could be cured under Article 159 of the Constitution and Rule 73 of the Probate and Administration Rules, which empower the court to administer justice without undue regard to technicalities. The appellant, acting in person, sought a limited grant of letters of administration solely to prosecute his rights in respect of 8 acres of land awarded to him in a prior decree. The court determined that granting the limited grant would not prejudice the beneficiaries of the estate, as the substantive issue was the appellant's right to the land, which would be addressed regardless of the type of...
Court Disposition
appeal allowed
Orders
- The appellant is granted a limited grant of letters of administration of the estate of the late Ngigi Karanja, limited only to prosecuting his rights in regard to the 8 acres in Land Parcel number 84 Cherangany Settlement Scheme as per the decree dated 21st May, 2003 in case No. Kitale SPMCC 28 of 2002.
- Costs in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISCELLANEOUS APPEAL NO. 1 OF 2019
(An appeal arising from the ruling of Hon. D. Wangeci SRM dated 13th December, 2018 in Kitale Misc. Appl. No. 3 of 2018)
IN THE MATTER OF THE ESTATE OF THE LATE NGUGI KARANJA - (DECEASED)
GEOFREY NGOTHO NJOROGE.........................APPELLANT
JUDGEMENT
1. The Appellant herein had filed a Citation application at the lower court seeking to compel the beneficiaries of the estate of the late Ngigi Karanja to take out the letters of administration in respect to his estate. After satisfying itself that the Respondents had been served and had failed to attend court, the lower court did allow the application which permitted him to take out the letters of administration.
2. The Appellant thereafter filed another application seeking to review the earlier orders so that he could have limited letters of administration instead of applying for the full grant.
3. The court has perused the said proceedings and it notes that there are glaring errors including the heading of this appeal. The said errors however can be cured by the provisions of Article 159 of the Constitution as well as the provisions of rule 73 of the Probate Rules. These provisions grant this court wide power and discretion to ensure that the ends of justice are met.
4. Having stated so it appears that there was a land case No. 28 of 2002 pending at the lower court in which the Appellant was decreed 8 acres out of Parcel No. 84 Cherangany Settlement Scheme. The party on the other side was the deceased herein. That matter was what the appellant wanted activated through the obtaining of Letters of Administration of the estate.
5. Looking at the ruling of the court, there was no reason of reviewing its decision as the law empowered it to do so. Whether to apply for Limited Letters of Administration or the full grant would have brought the deceased beneficiaries to the matter. In any case both would have led to the same results, namely the argument over the Appellant’s rights in the land which was or is in the name of the deceased.
6. In the premises and barring in mind that the appellant is acting in person, the court shall overlook the procedural errors which as stated above does not go into the root of the matter and allow the appeal.
7. The Appellant is granted limited grant of letters of administration of the estate of the late Ngigi Karanja, limited only to prosecuting his rights in regard to the 8 acres in Land Parcel number 84 Cherangany Settlement Scheme as per the decree dated 21st May, 2003 in case No. Kitale SPMCC 28 of 2002.
8. Costs in the cause.
Dated signed and delivered in open court at Kitale this 7th day of August 2019.
________________
H K CHEMITEI
JUDGE
7/8/19
In the presence of:-
Applicant present
Court Assistant – Kirong
Judgment read in open court.