[2013] KEHC 6702 (KLR)
The court found that the consent letter dated 25th October 2012, signed by counsel for both parties, effectively resolved all matters raised in the summons for revocation of grant. The court was satisfied that the consent addressed the disposition of the deceased's estate and, therefore, adopted the consent as the...
Source-derived case information.
- Citation
- [2013] KEHC 6702 (KLR)
- Parties
- Applicant: Jennifer Wanjuki Kamau; Respondent: Kamau Kagare (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2818 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation and Adoption of Consent
- Outcome
- Application for revocation disposed of by consent; consent adopted as order of the court.
- Judges
- DN Musyoka
- Legal Topics
- Succession, Revocation of Grant, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jennifer Wanjuki Kamau
Applicant
Kamau Kagare (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation and Adoption of Consent
Legal Issues
- 1 Whether the summons for revocation dated 23rd January 2009 should be granted or disposed of by consent.
- 2 Whether the consent letter dated 25th October 2012 adequately addresses the disposition of the estate.
Ratio Decidendi
The court found that the consent letter dated 25th October 2012, signed by counsel for both parties, effectively resolved all matters raised in the summons for revocation of grant. The court was satisfied that the consent addressed the disposition of the deceased's estate and, therefore, adopted the consent as the order of the court, thereby disposing of the application for revocation.
Court Disposition
Application for revocation disposed of by consent; consent adopted as order of the court.
Orders
- The contents of the consent letter dated 25th October 2012 are adopted as orders of the court.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT MILIMANI
SUCC CAUSE NO. 2818 OF 2003
IN THE MATTER OF THE ESTATE OF KAMAU KAGARE – (DECEASED)
RULING/DIRECTIONS
I have perused the summons for revocation dated 23rd January 2009, the consent letter dated 25th October 2012 duly signed by counsel for both sides and the affidavit sworn on 31st October 2012 by Jennifer Wanjuki Kamau. I am satisfied that it effectively disposes of the application dated 23rd January 2009 and addresses all the issues relating to the disposition of the estate of the deceased. I therefore do hereby adopt the contents of the consent letter dated 25th October 2012 as orders of this court.
SIGNED DATEDandDELIVEREDin open court this 11thday of October, 2013.
W.M. MUSYOKA
JUDGE