[2025] KEHC 5076 (KLR)
The court determined that since the application seeks to revoke a grant issued and confirmed by Hon. Justice Eric Ogolla, it is prudent and procedurally correct for the same court to hear and determine the application. This ensures that the judge who is familiar with the prior proceedings and orders is best placed...
Source-derived case information.
- Citation
- [2025] KEHC 5076 (KLR)
- Parties
- Applicant: Elizabeth Wambui Mwaura; Respondent: Daniel Gathii Kagucia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E3268 of 2022
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Application for revocation of grant to be heard by the judge who issued the grant; matter referred for mention to fix hearing date.
- Judges
- HK Chemitei
- Legal Topics
- Revocation of Grant, Confirmation of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wambui Mwaura
Applicant
Daniel Gathii Kagucia
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the grant issued on 18th January 2023 and confirmed on 25th September 2023 should be revoked as sought by the applicant.
- 2 Which court is the proper forum to determine the application for revocation of grant.
Ratio Decidendi
The court determined that since the application seeks to revoke a grant issued and confirmed by Hon. Justice Eric Ogolla, it is prudent and procedurally correct for the same court to hear and determine the application. This ensures that the judge who is familiar with the prior proceedings and orders is best placed to adjudicate the matter to its logical conclusion. The matter is therefore referred to the Deputy Registrar for mention and fixing of a hearing date before Ogolla J.
Court Disposition
Application for revocation of grant to be heard by the judge who issued the grant; matter referred for mention to fix hearing date.
Orders
- The matter is to be mentioned before the Deputy Registrar on 7th May 2025 for taking a suitable date before Ogolla J.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of the Late Moses Gatua Kagucia (Deceased) (Succession Cause E3268 of 2022) [2025] KEHC 5076 (KLR) (Family) (30 April 2025) (Directions)
Neutral citation: [2025] KEHC 5076 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E3268 of 2022
HK Chemitei, J
April 30, 2025
IN THE MATTER OF THE ESTATE OF THE LATE MOSES GATUA KAGUCIA (DECEASED)
Between
Elizabeth Wambui Mwaura
Applicant
and
Daniel Gathii Kagucia
Respondent
Directions
1. The court has perused the application dated 23rd November 2023 by the Applicant seeking to revoke the grant issued on 18th January 2023 and confirmed on 25th September 2023. The said orders were issue by Hon. Justice Eric Ogolla.
2. Since the Applicant is challenging the same it is only prudent that the same be determined by the said court to its logical conclusion.
3. The matter is therefore to be mentioned before the Deputy Registrar on 7th May 2025 for taking a suitable date before Ogolla J.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30THDAY OF APRIL 2025. H K CHEMITEIJUDGE