[2016] KEHC 4347 (KLR)
The court found that the grant issued by the Kiambu SPMCSC was defective due to lack of pecuniary jurisdiction, as the value of the estate exceeded the subordinate court's statutory limit. Since the application for revocation was unopposed and the facts were clear from the record, the court allowed the application...
Source-derived case information.
- Citation
- [2016] KEHC 4347 (KLR)
- Parties
- Applicant: Applicant (one of the administrators); Respondent: No named respondent (unopposed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1583 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- Application allowed; grant revoked; file transferred for appointment of new administrator.
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Pecuniary Jurisdiction, Probate and Administration, Transfer of Cause
- 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
Applicant (one of the administrators)
Applicant
No named respondent (unopposed)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant issued by Kiambu SPMCSC No. 99 of 2005 should be revoked for want of pecuniary jurisdiction.
- 2 Whether the High Court should transfer the file for appointment of a new administrator.
Ratio Decidendi
The court found that the grant issued by the Kiambu SPMCSC was defective due to lack of pecuniary jurisdiction, as the value of the estate exceeded the subordinate court's statutory limit. Since the application for revocation was unopposed and the facts were clear from the record, the court allowed the application and revoked the grant. The court further directed that the matter be transferred to the High Court at Kiambu, which has the appropriate jurisdiction, for the appointment of a new administrator or administrators for the estate of the deceased.
Court Disposition
Application allowed; grant revoked; file transferred for appointment of new administrator.
Orders
- The grant made in Kiambu SPMCSC No. 99 of 2005 on 29th November 2007 is revoked.
- The file in this cause and that in Kiambu SPMCSC No. 99 of 2005 shall be transferred to the High Court at Kiambu for appointment of a new administrator or administrators for the estate.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1583 OF 2010
IN THE MATTER OF THE ESTATE OF PETER KARIUKI KABANU (DECEASED)
RULING
The Summons dated 9th August 2010 seeks revocation of the grant made on 29th November 2007 in Kiambu SPMCSC No. 99 of 2005, on the grounds that the proceedings to obtain the same were defective for want of pecuniary jurisdiction on the part of the granting court, for the property in question exceeded the pecuniary jurisdiction of the said court.
The said application is brought at the instance of one of the administrators, who states that she stumbled on the fact of lack of jurisdiction when she received counsel from the advocates on record.
I have combed through the file of papers filed in the cause, and I have not chanced upon any reply to the application. Consequently, I find that the application is unopposed. After I gave directions that the application be disposed of by way of written submissions, only the applicant complied.
As the application is not contested, and after taking note of the assets listed in the petition lodged in Kiambu SPMCSC No. 99 of 2005, I am persuaded that there is merit in the application. Consequently, I shall allow the application as prayed, and revoke the grant made in Kiambu SPMCSC No. 99 of 2005 on 29th November 2007.
As the bulk of the estate is situate within the Kiambu County, which is within the geographical and administrative jurisdiction of the High Court of Kenya at Kiambu, I do hereby direct that the file in this cause, and that in Kiambu SPMCSC No. 99 of 2005, shall be transferred to the High Court at Kiambu for the said court to appoint a new administrator or administrators for the estate of the deceased.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 8TH DAY OF JULY, 2016.
W. MUSYOKA
JUDGE