[2020] KEHC 25 (KLR)
The court found that there was already a valid and confirmed grant issued by the Nyeri High Court in respect of the same estate. The Nairobi succession cause was filed due to an honest mistake, as acknowledged by all beneficiaries who consented to the revocation. To avoid parallel administration and confusion, and...
Source-derived case information.
- Citation
- [2020] KEHC 25 (KLR)
- Parties
- Applicant: Difatha Muriuki Titus; Applicant: Charles Njeru Kaara
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2232 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grant revoked
- Judges
- FM Mutuku
- Legal Topics
- Revocation of Grant, Letters of Administration, Duplicate Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Difatha Muriuki Titus
Applicant
Charles Njeru Kaara
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate issued in Nairobi should be revoked due to the existence of an earlier grant in Nyeri for the same estate.
- 2 Whether the filing of two succession causes for the same estate constitutes a valid ground for revocation of grant.
Ratio Decidendi
The court found that there was already a valid and confirmed grant issued by the Nyeri High Court in respect of the same estate. The Nairobi succession cause was filed due to an honest mistake, as acknowledged by all beneficiaries who consented to the revocation. To avoid parallel administration and confusion, and in the interest of justice, the court exercised its discretion to revoke the Nairobi grant issued on 28th June 2004, allowing the beneficiaries to proceed with the Nyeri succession cause.
Court Disposition
application allowed; grant revoked
Orders
- The grant of letters of administration intestate issued in this matter on 28th June 2004 is revoked.
- The beneficiaries are to proceed with Nyeri Succession Cause No. 560 of 1999.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 2232 OF 2002
IN THE MATTER OF THE ESTATE OF TITUS KAARA DIFATHA (DECEASED)
DIFATHA MURIUKI TITUS
CHARLES NJERU KAARA..............................................................APPLICANTS
RULING
The Applicants are seeking orders of this court to revoke the grant of letters of administration intestate made to them in respect of the Estate of Titus Kaara Difatha who died on 12th January 1999. The grant sought to be revoked was issued on 28th June 2004. The reasons for seeking to revoke the grant in this matter is that there is another grant issued in respect of the same estate of Titus Kaara Difatha in Nyeri High Court Succession Cause No. 560 of 1999 in May 2001.
The application is supported by the Affidavit of Difatha Muriuki Titus, one of the Applicants. Briefly, the beneficiaries had filed a Succession Cause in Nyeri in respect of the Estate of the deceased herein and the same had been issued and confirmed. He deposes further that due to an honest and inadvertent mistake this matter was filed in this court when there existed in Nyeri the other file.
I have considered the matter. I have noted that there is a consent dated 29th September 2020 by the beneficiaries consenting to the revocation of the grant in this matter so that they can proceed with the Nyeri Succession Cause No. 560 of 1999. I have no reason to believe that the mistake in filing this matter in Nairobi when there existed another file of the same estate in Nyeri is an honest mistake. I do allow the application and revoke the grant issued in this matter on 28th June 2004. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 9TH DAY OF NOVEMBER 2020.
S. N. MUTUKU
JUDGE