[2018] KEHC 6359 (KLR)
The court found that the grant previously issued to the petitioner/respondent had been revoked by a prior order and that no new grant had been issued. The applicant's belief that he became a co-administrator upon revocation was incorrect. In the absence of a valid grant, there was nothing before the court capable of...
Source-derived case information.
- Citation
- [2018] KEHC 6359 (KLR)
- Parties
- Applicant: James Kariuki Njokonia; Respondent: Tito Wari
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 106 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- application struck out
- Legal Topics
- Confirmation of Grant, Revocation of Grant, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kariuki Njokonia
Applicant
Tito Wari
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether there exists a valid grant capable of being confirmed in the estate of Wari Baranja.
- 2 Whether the applicant is entitled to confirmation of grant after revocation of the previous grant.
Ratio Decidendi
The court found that the grant previously issued to the petitioner/respondent had been revoked by a prior order and that no new grant had been issued. The applicant's belief that he became a co-administrator upon revocation was incorrect. In the absence of a valid grant, there was nothing before the court capable of being confirmed. Therefore, the application for confirmation of grant was misconceived and could not stand. The proper procedure would be for the parties to apply for appointment of a new administrator before seeking confirmation of grant.
Court Disposition
application struck out
Orders
- The application for confirmation of grant is struck out.
- The parties are directed to move the court on appointment of administrator(s).
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSES NO. 106 OF 2012
In the matter of the Estate of WARI BARANJA (Deceased)
JAMES KARIUKI NJOKONIA..........................................APPLICANT
V E R S U S
TITO WARI.......................................................................RESPONDENT
R U L I N G
1. The applicant's summons for confirmation of grant dated 8/09/2017 seeks for order to confirm grant issued to the 2nd administrator James Kariuki Njokonia on 18/04/2013.
2. The summons came for hearing on 21/05/2018, the counsel for the respondent Mr. Mugambi told the court that there was no grant in this case to be confirmed because the grant issued to Tito Wari was revoked by Bwonwonga, J. on 11/04/2017.
3. I have perused the record and note that the petitioner/respondent filed this case on 17/02/2012 and was issued with letters of administrate intestate on 19/04/2012 to the petitioner Tito Wari.
4. On 9/05/2013, the applicant file an undated application seeking for revocation of grant on grounds that the respondent filed this case secretly without informing the other beneficiaries. The application was allowed by Bwonwonga, J. in his ruling dated 11/04/2017. The grant was therefore revoked without any further orders.
5. It is my finding that the grant issued to the petitioner was revoked. The applicant herein seems to be under the misapprehension that upon revocation of grant, he was made a co-administrator with the respondent. This is not the position herein.
6. In the absence of grant in this case, the application for confirmation of grant cannot stand and it is hereby struck out.
7. The parties are hereby directed to move the court on appointment of administrator(s).
8. it is hereby so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 4TH DAY OF JUNE, 2018.
F. MUCHEMI
J U D G E
In the presence of:-
Ms. Ngige for Mugambi for respondent
Applicant in person