[2008] KEHC 1757 (KLR)
The court found that the applicant had established sufficient and reasonable grounds for review, as the record indicated that not all portions of the matter were heard and the applicant's claim of disinheritance was not properly addressed. The court also noted procedural irregularities in the amendment of the...
Source-derived case information.
- Citation
- [2008] KEHC 1757 (KLR)
- Parties
- Applicant: James Kinyua Manda; Applicant: Nahashon Githinji Manda; Respondent: Nelson Githinji Manda
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 82 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Review and Rehearing
- Outcome
- Application for review allowed; rehearing ordered.
- Legal Topics
- Review of Judgment, Beneficiary Rights, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Kinyua Manda
Applicant
Nahashon Githinji Manda
Applicant
Nelson Githinji Manda
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review and Rehearing
Legal Issues
- 1 Whether there are sufficient and reasonable grounds to review and set aside the orders/judgment made on 7/12/2006 and the subsequent amended judgment.
- 2 Whether the applicant was disinherited from his father's estate without proper hearing.
Ratio Decidendi
The court found that the applicant had established sufficient and reasonable grounds for review, as the record indicated that not all portions of the matter were heard and the applicant's claim of disinheritance was not properly addressed. The court also noted procedural irregularities in the amendment of the judgment, which was neither dated nor signed. In the interest of justice and compliance with Order 44 Rule 6, the court allowed the application for review and ordered a rehearing of the issue with all parties present to ensure that all beneficiaries have an opportunity to be heard regarding the distribution of the estate.
Court Disposition
Application for review allowed; rehearing ordered.
Orders
- The application for review is allowed.
- A rehearing of the issue is ordered for 19/6/2008 with all parties present.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Succession Cause 82 of 2001
IN THE MATTER OF THE ESTATE OF MURAGE NGARI…DSD
AND
NELSON GITHINJI MANDA……………………….RESPONDENT
VERSUS
JAMES KINYUA MANDA……………….…………1ST APPLICANT
NAHASHON GITHINJI MANDA………..…………2ND APPLICANT
RULING
Application dated 16/10/2007 prayer 2 thereof seeks orders to review and set aside orders/Judgment made on 7/12/2006 and subsequent amended Judgment not dated.
It is grounded on the existence of sufficient and reasonable grounds. That means no error or mistake apparent on the face of the record.
According to supporting affidavit the applicant is a beneficiary of his father’s estate Mutira/Kegunyu/20. That the court disinherited the applicant out of his father’s estate. The court amended the Judgment but the amendments were nor dated nor signed. The applicant does not show in which way he is disinherited. He has only alleged the amendment was made at the request of Ms Morris Njagi & Co. Advocates. Upon perusing the record it is shown that the other portions were not heard.
I therefore allow this application and in compliance with order 44 rule 6. 1 order a rehearsing of this issue on 19/6/2008 with all parties present.
Dated this 30th May, 2008.
J. N. KHAMINWA
JUDGE
30. 5.2008
Khaminwa – Judge
Njue- Clerk
Ruling read in presence of Mr. Mugambi HB for Magee in open court.
J. N. KHAMINWA
JUDGE