[2015] KEHC 1611 (KLR)
The court held that the applicant's grievances pertained to the distribution of the estate and not to any defect in the process of obtaining the grant or the administration of the estate. As such, the application did not meet the threshold for revocation under Section 76 of the Law of Succession Act. The appropriate...
Source-derived case information.
- Citation
- [2015] KEHC 1611 (KLR)
- Parties
- Respondent: John Kamau Marigi; Respondent: Stephen Njoroge Gachuhi; Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 906 of 1997
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application dismissed with costs
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kamau Marigi
Respondent
Stephen Njoroge Gachuhi
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the applicant has established grounds for revocation of grant under Section 76 of the Law of Succession Act.
- 2 Whether dissatisfaction with the mode of distribution of the estate is a valid ground for revocation of grant.
Ratio Decidendi
The court held that the applicant's grievances pertained to the distribution of the estate and not to any defect in the process of obtaining the grant or the administration of the estate. As such, the application did not meet the threshold for revocation under Section 76 of the Law of Succession Act. The appropriate remedy for dissatisfaction with distribution is to seek review of the confirmation orders or to appeal, not to apply for revocation of the grant. Consequently, the application for revocation was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 29th April 1997 is dismissed with costs.
- The court file in Murang’a CMCSC No. 205 of 1993 is to be returned to the Murang’a Law Courts for further handling by the High Court there.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 906 OF 1997
IN THE MATTER OF THE ESTATE OF WANJA GACHUHI alias MARGARET WANJA GACHUHI (DECEASED)
RULING
The Summons dated 29th April 1997 is premised on Section 76 of the Law of Succession Act, Cap 160, Laws of Kenya. It seeks revocation of the grant of letters of administration intestate made to John Kamau Marigi and Stephen Njoroge Gachuhi on 12th May 1994 and confirmed on 3rd November 1993.
From the body of the application and the affidavit sworn in support of the application, it is plain that the applicant is aggrieved about the distribution of the estate, rather than the process of the obtaining of the grant or the manner of the administration of the estate. The matters raised in the application do not bring it within the threshold of Section 76 of the Law of Succession Act.
If the applicant is dissatisfied with the mode of distribution of the estate, the proper course of action available to him is review of the confirmation orders or appeal if such remedy is available.
I find no basis for grant of the orders ought in the application dated 29th April 1997. The same is hereby dismissed with costs.
The matter relates to property situated at Murang’a County, so I do hereby direct that the court file in Murang’a CMCSC No. 205 of 1993 be returned to the Murang’a Law Courts for further handling by the High Court there.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 23RD DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE