[2021] KEHC 6024 (KLR)
The court found that it had indeed erroneously misquoted the ruling of Justice M.W. Muigai in its earlier decision. Recognizing the error as unintentional and apparent on the face of the record, the court exercised its power of review to correct the misstatement. The relevant paragraph of the ruling dated 23rd...
Source-derived case information.
- Citation
- [2021] KEHC 6024 (KLR)
- Parties
- Applicant: Joseph Karega Kamau; Respondent: Virginia Wanjiku Kamuyu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2561 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Prior Ruling
- Outcome
- Application for review allowed. Relevant paragraph of the ruling corrected. No order as to costs.
- Judges
- AO Muchelule
- Legal Topics
- Succession, Estate Distribution, Review of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Karega Kamau
Applicant
Virginia Wanjiku Kamuyu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Prior Ruling
Legal Issues
- 1 Whether the court misquoted the previous ruling by Justice M.W. Muigai regarding the distribution of LR No. Dagoretti/Kangemi/330.
- 2 Whether the relevant paragraph of the ruling dated 23rd February 2021 should be reviewed to accurately reflect the earlier order.
Ratio Decidendi
The court found that it had indeed erroneously misquoted the ruling of Justice M.W. Muigai in its earlier decision. Recognizing the error as unintentional and apparent on the face of the record, the court exercised its power of review to correct the misstatement. The relevant paragraph of the ruling dated 23rd February 2021 was amended to accurately reflect the original order, namely that the sons of the deceased Francis Kamuyu Kamau and Joseph Karega Kamau shall share equally after completion of the loan repayments and expenses attached to LR No. Dagoretti/Kangemi/330. The court made no order as to costs.
Court Disposition
Application for review allowed. Relevant paragraph of the ruling corrected. No order as to costs.
Orders
- Paragraph 6 of the ruling dated 23rd February 2021 is reviewed and amended to accurately reflect the order of Justice M.W. Muigai regarding the sharing of LR No. Dagoretti/Kangemi/330.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 2561 OF 2009
IN THE MATTER OF THE ESTATE OF WILLIAM KAMAU KAMUYU (DECEASED)
JOSEPH KAREGA KAMAU……………………..……… APPLICANT
VERSUS
VIRGINIA WANJIKU KAMUYU………...……………RESPONDENT
RULING
1. In my ruling dated 23rd February 2021 I stated that Justice M.W. Muigai had ordered:-
“that the sons of the late Francis Kamuyu Kamau (the late husband of the respondent) and the sons of the applicant should equally manage the repayment of the loan on LR No. Dagoretti/Kangemi/330 and also equally benefit from the proceeds from the property.”
However, what the learned Judge stated in her ruling dated 9th November 2018 was as follows;-
“3) The sons of the deceased Francis Kamuyu Kamau (deceased) and Joseph Karega Kamau shall share equally after completion of the loan repayment and expenses attached to suit property LR No. Dagoretti/Kangemi/330 which was allocated to the widow of the deceased Serah Njoki Kamau now deceased.”
2. I agree with the applicant that this court erroneously, and quite unintentionally, misquoted the ruling by Justice M.W. Muigai. Consequently, I allow the application and review the relevant part of the paragraph 6 of my ruling dated 23rd February 2021 to read as follows:-
“It was further ordered that the sons of the deceased Francis Kamuyu Kamau and Joseph Karega Kamau shall share equally after completion of the loan repayments and expenses attached to suit property LR No. Dagoretti/Kangemi/330 which was allocated to the widow of the deceased Serah Njoki Kamau now deceased.”
3. I make no order as to costs.
DATED and DELIVERED NAIROBI this 15TH day of JUNE 2021.
A.O. MUCHELULE
JUDGE