[2015] KEHC 8040 (KLR)
The court found that the applicants' failure to prosecute the cause and respond to the notice was not deliberate, as they only became aware of the notice after the stipulated period had expired. In the interest of justice, and considering that the administrators had since taken steps to move the matter forward by...
Source-derived case information.
- Citation
- [2015] KEHC 8040 (KLR)
- Parties
- Applicant: George Mbugua Kimani; Applicant: Nahashon Kamau; Respondent: Ruth Wanjiku Maina (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2070 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Revocation of Grant and Reinstate Grant
- Outcome
- application allowed; grant reinstated; previous revocation set aside
- Judges
- LA Achode
- Legal Topics
- Succession, Revocation of Grant, Reinstatement of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mbugua Kimani
Applicant
Nahashon Kamau
Applicant
Ruth Wanjiku Maina (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Revocation of Grant and Reinstate Grant
Legal Issues
- 1 Whether the orders revoking the grant of letters of administration should be set aside.
- 2 Whether the grant issued on 20th December 1994 should be reinstated.
Ratio Decidendi
The court found that the applicants' failure to prosecute the cause and respond to the notice was not deliberate, as they only became aware of the notice after the stipulated period had expired. In the interest of justice, and considering that the administrators had since taken steps to move the matter forward by filing summons for confirmation of grant and obtaining consents from beneficiaries, the court held that it was appropriate to set aside the orders revoking the grant and to reinstate the original grant of letters of administration. The court further directed that the summons for confirmation of grant be given priority for hearing.
Court Disposition
application allowed; grant reinstated; previous revocation set aside
Orders
- The orders of court made on 26th June 2015 revoking the grant are set aside.
- The grant made on 20th December 1994 to George Mbugua Kimani and Nahashon Kamau is reinstated.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE AND ADMINISTRATION DIVISION
SUCCESSION CAUSE NO. 2070 OF 1994
IN THE MATTER OF THE ESTATE OF RUTH WANJIKU MAINA (DECEASED)
R U L I N G
1. The deceased to whose estate these proceedings relate is Ruth Wanjiku Maina who died on 27th May 1994. A grant of letters of Administration of her intestate Estate was made to George Mbugua Kimani and Nahashon Kamau on 20th December 1994. Thereafter the Administrator took no further step to distribute the Estate.
2. On 28th May 2015 the court moving suo moto issued notice to parties under Section 73of theLaw of Succession Act to take steps to prosecute the cause within one month of the Notice or the matter would be closed. The parties did not respond. On 26th June 2015 the court, revoked the grant issued herein under Section 76(d)(i)of theLawsofSuccession and marked the file as closed.
3. On 6th October 2015 George Mbugua Kimani, one of the Administrators filed a Notice of Motion to have the orders of the court issued on 26th June 2015 set aside and the grant reinstated. The grounds on the face of the application are that by the time the Applicants received the said notice from the court, the 30 days stipulated therein had already lapsed. That they came to court to take action only to find that the grant had already been revoked and the file marked as closed.
4. The application is supported by the affidavit of George Mbugua Kimani in which the averments are in line with the grounds set out above. He reiterated that their non-attendance was not deliberate. Contemporaneously with the Notice of Motion the two Administrators filed summons for confirmation of grant with a supporting affidavit signed by both administrators, and a consent signed by the other two beneficiaries in the Estate.
5. Having perused the grounds of application and the supporting affidavit, I am of the opinion that the application has merit and it would be in the interest of justice to grant it. The orders of court made on 26th June 2015 are hereby set aside and the grant made on 20th December 1994 to George Mbugua Kimani and Nahashon Kamau reinstated. The Summons for confirmation of grant be listed for hearing in the new term on priority basis.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 11th day of December, 2015.
............................
L. A. ACHODE
JUDGE