[2014] KEHC 2164 (KLR)
The court found that the applicant was not notified of the relevant orders and only became aware of them after the expiry of the prescribed period. The delay in filing the application for confirmation of grant was not intentional. In the interest of justice and to ensure the estate is properly administered, the...
Source-derived case information.
- Citation
- [2014] KEHC 2164 (KLR)
- Parties
- MISSING: Paul Nganga Gathata (Deceased); Applicant: Administrator (not named); Respondent: Respondent (not named)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2795 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to File Confirmation of Grant Out of Time
- Outcome
- Application for leave to file confirmation of grant out of time is allowed.
- Legal Topics
- Probate and Administration, Confirmation of Grant, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Nganga Gathata (Deceased)
MISSING
Administrator (not named)
Applicant
Respondent (not named)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to File Confirmation of Grant Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an application for confirmation of grant out of time.
- 2 Whether the delay in filing the application was intentional or justified.
Ratio Decidendi
The court found that the applicant was not notified of the relevant orders and only became aware of them after the expiry of the prescribed period. The delay in filing the application for confirmation of grant was not intentional. In the interest of justice and to ensure the estate is properly administered, the court exercised its discretion to grant leave for the application for confirmation of grant to be filed out of time. The annexed summons for confirmation of grant dated 3rd April 2014 was deemed duly filed.
Court Disposition
Application for leave to file confirmation of grant out of time is allowed.
Orders
- Leave is granted to the applicant to file the application for confirmation of grant out of time.
- The annexed Summons for Confirmation of the grant dated 3rd April 2014 is deemed duly filed.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2795 OF 2003
IN THE MATTER OF THE ESTATE OF PAUL NGANGA GATHATA - (DECEASED)
RULING
I note that on 26th April 2010 Dulu J vacated the orders that confirmed the grant herein dated 17th December, 2007 and ordered that a fresh confirmation be sought within six months. This order was not complied with and the administrator by an application dated 15th September 2011 sought an extension of time to file a fresh application for confirmation of the grant.
On 18th November 2013, the court allowed the said application in the interest of justice so as to finally and fully settle the outstanding issues. The applicant was given 30 days to file and serve the application. Once again the order was not complied with.
The administrator has now come by a summons dated 3rd April 2014, and taken out under Rule 73 of the Probate and Administration Rules, seeking that (:) leave be granted for the filing of application for confirmation of the grant out of time and that the application for confirmation of grant attached to the said application be deemed as duly filed and served upon payment of the requisite fees.
The application dated 3rd April 2014 is premised on the grounds that the applicant was not notified of the orders made on 26th April 2010 and only came to learn about them three months after the expiry of the said period, upon perusal of the court file. He says that the delay in filing the said application has not been intentional.
I will give the applicant the benefit of doubt and grant the application to file application for confirmation of grant out of time, for I find it necessary for the ends of justice. Accordingly, the annexed Summons for Confirmation of the grant dated 3rd April 2014 is hereby deemed duly filed.
DATED, SIGNED and DELIVERED at NAIROBI this 24th DAY OF October, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Makumi for Mr. Kamonde advocate for the respondent.