[2024] KEHC 11628 (KLR)
The court found that, given the serious allegations of forgery and lack of notification, and the significant delay of 26 years in bringing the application, it would not be reasonable to revoke the grant based solely on affidavit evidence. The court determined that the objection should be heard by way of viva voce...
Source-derived case information.
- Citation
- [2024] KEHC 11628 (KLR)
- Parties
- Applicant: Rose Ruguri Muiruri; Applicant: Serah Wairimu; Respondent: Patrick Mburu Muiruri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1608 of 1997
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Objection to be determined by oral evidence; status quo on land parcels to be maintained; leave granted for further affidavits and witness statements.
- Judges
- HK Chemitei
- Legal Topics
- Grant Revocation, Succession Procedure, Forgery of Signatures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Ruguri Muiruri
Applicant
Serah Wairimu
Applicant
Patrick Mburu Muiruri
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the grant issued to the respondent should be revoked due to lack of notification to the applicants and alleged forgery of signatures.
- 2 Whether affidavit evidence alone is sufficient to determine the revocation application after a delay of 26 years.
- 3 Whether the objection to the grant should be determined by oral evidence.
Ratio Decidendi
The court found that, given the serious allegations of forgery and lack of notification, and the significant delay of 26 years in bringing the application, it would not be reasonable to revoke the grant based solely on affidavit evidence. The court determined that the objection should be heard by way of viva voce (oral) evidence to adequately address the factual disputes. The status quo regarding the relevant land parcels is to be maintained pending the determination of the objection proceedings. The parties are granted leave to file further affidavits and witness statements within 45 days.
Court Disposition
Objection to be determined by oral evidence; status quo on land parcels to be maintained; leave granted for further affidavits and witness statements.
Orders
- The objection to the grant shall be determined by way of viva voce (oral) evidence.
- Status quo in respect to land parcels Kiambu/Gatuanyaga/2722 and 2723 as at the date of the ruling to be maintained pending determination of the objection.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of the Late Joseph Muiruri Mburu (Deceased) (Succession Cause 1608 of 1997) [2024] KEHC 11628 (KLR) (Family) (3 October 2024) (Directions)
Neutral citation: [2024] KEHC 11628 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1608 of 1997
HK Chemitei, J
October 3, 2024
IN THE MATTER OF THE ESTATE OF THE LATE JOSEPH MUIRURI MBURU (DECEASED)
Between
Rose Ruguri Muiruri
1st Applicant
Serah Wairimu
2nd Applicant
and
Patrick Mburu Muiruri
Respondent
Directions
1. The applicants have filed summons for revocation dated 4th November 2022 challenging the grant issued to the respondent on 12th June 1998. The main reason for seeking such revocation is that they were not notified of this cause and that the signatures as contained in the pleadings leading to the confirmation of the grant were forged.
2. The court has perused the record herein, the purported signatures and most importantly the period it has taken the applicants to file this cause which is about 26 years. I do not find it reasonable to revoke the grant based solely on affidavit evidence. I also note that Mary Waithera Muiruri, a joint administrator, and mother to the parties herein has since passed away.
3. Consequently, and although there was no challenge to the application I find that the objection ought to be determined by way of viva voce evidence. This will bring out the issues clearly.
4. In the premises, let this matter be heard by way of oral evidence and in the meantime the status quo obtaining in respect to land parcels numbers Kiambu/Gatuanyaga/2722 and 2723 as at the date of this ruling be maintained pending the determination of the objection proceedings herein.
5. The parties granted leave to file further affidavits and witness statements if any within 45 days from the date herein.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 3RDDAY OF OCTOBER 2024. H K CHEMITEIJUDGE