[2017] KEHC 9455 (KLR)
The court found that there was no certificate of confirmation of grant dated 28.7.2016 or any such document on the record. Therefore, there was no error apparent on the face of the record in the ruling dated 28.7.2017. The application for review was not supported by evidence, and the court declined to review its...
Source-derived case information.
- Citation
- [2017] KEHC 9455 (KLR)
- Parties
- Applicant: Shaban Musumba Haji; Respondent: Kassim O. Daraja; Objector: Mwanaisha Mokoya; Interested Party: Julius Likamasia
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 759 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Review
- Outcome
- application for review dismissed
- Legal Topics
- Succession Review, Confirmation of Grant, Error on Face of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shaban Musumba Haji
Applicant
Kassim O. Daraja
Respondent
Mwanaisha Mokoya
Objector
Julius Likamasia
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Review
Legal Issues
- 1 Whether there was an error apparent on the face of the record in the ruling dated 28.7.2017 to warrant a review.
- 2 Whether a certificate of confirmation of grant dated 28.7.2016 existed as claimed by the applicant.
Ratio Decidendi
The court found that there was no certificate of confirmation of grant dated 28.7.2016 or any such document on the record. Therefore, there was no error apparent on the face of the record in the ruling dated 28.7.2017. The application for review was not supported by evidence, and the court declined to review its earlier ruling. However, the court left open the possibility for the applicant to formally file the relevant document, should it exist, for consideration in a future application.
Court Disposition
application for review dismissed
Orders
- Application for review of the ruling dated 28.7.2017 is dismissed.
- Applicant may file a formal application for review if the certificate of confirmation of grant is produced.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OFKENYA
IN THE HIGH COURT OF KENYAAT KAKAMEGA
FAMILY DIVISION
SUCCESSION CAUSE NO. 759 OF 1994
IN THE MATTER OF THE ESTATE OF OSORE DARAJA SULEIMAN DECEASED
BETWEEN
MWANAISHA MOKOYA...........................OBJECTOR (DECEASED)
AND
SHABAN MUSUMBA HAJI..............................................APPLICANT
VERSUS
KASSIM O. DARAJA......................RESPONDENTS/PETITIONERS
AND
JULIUS LIKAMASIA.........................................INTERESTED PARTY
R U L I N G NO. 1 ON REVIEW
1. On 28. 7.2017, I delivered a ruling pursuant to the application dated 12. 10. 2016 brought by Shaban Musumba Haji the applicant. The orders sought in the said application are set out in the above stated ruling. The application was dismissed on grounds that the applicant’s application was both premature and frivolous in that he had not moved the Court for confirmation of the grant issued to him on 27. 02. 2013.
2. Immediately upon delivery of the ruling, Mr. I Ondieki, counsel for the applicant informed the court that the grant had been confirmed on 28. 7.2016 and that there was therefore an error apparent on the face of the record requiring a review of my ruling dated 28. 7.2017. The court was of the view that if there was such an error on the face of the record, then it would review its ruling of 28. 07. 2017.
3. The Court has now combed the record from cover to cover, and apart from the fresh grant (form P&A 41) issued to the applicant on 27. 2.2013, there is no certificate of confirmation dated 28. 07. 2016 or at all. In the circumstances, I find no error on the face of this court’s ruling dated 28. 7.2017 to warrant a review of the same. However, if the applicant can formally place such document before the court by filing a formal application for review, the court will still be able to consider it.
It is so ordered
Ruling delivered, dated and signed in open court at Kakamega this 19th day of September 2017
RUTH N. SITATI
JUDGE
In the presence of;-
………Mr. Ondieki (Present)……………………………………for applicant
………M/S Kiveu (absent)………………………………………..for petitioner
………………………………………………..for interested party
………………………………………………………..court assistant