[2015] KEHC 2053 (KLR)
The court found that the applicant failed to identify any error on the face of the record or present any new evidence that would justify reviewing the orders made on 25th April 2014. The issue of joint ownership had already been addressed and dismissed in the earlier ruling, with the court concluding that there was...
Source-derived case information.
- Citation
- [2015] KEHC 2053 (KLR)
- Parties
- Applicant: Applicant (Name not provided); Respondent: (No respondent named)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1574 of 1992
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Prior Orders
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Review of Orders, Joint Ownership, Estate Property Determination
- 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
Applicant (Name not provided)
Applicant
(No respondent named)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Prior Orders
Legal Issues
- 1 Whether Plot No. 47A/B Ongata Rongai formed part of the estate of the deceased.
- 2 Whether there was an error on the face of the record justifying review of the orders made on 25th April 2014.
- 3 Whether the property was jointly owned and thus subject to the principle of survivorship.
Ratio Decidendi
The court found that the applicant failed to identify any error on the face of the record or present any new evidence that would justify reviewing the orders made on 25th April 2014. The issue of joint ownership had already been addressed and dismissed in the earlier ruling, with the court concluding that there was no joint ownership as alleged. As nothing new was presented in the current application, the court saw no reason to depart from its previous position and dismissed the application for review.
Court Disposition
application dismissed
Orders
- The summons dated 21st July 2014 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1574 OF 1992
IN THE MATTER OF THE ESTATE OF MARY WANJIRU KURIA (DECEASED)
RULING
The Summons dated 21st July 2014 invites me to review the orders I made on 25th April 2014 and make a finding that Plot No. 47A Ongata Rongai, also known as Plot No. 47B Ongata Rongai, did not form part of the estate of the deceased.
Applications for review are governed by the relevant provisions of the Civil Procedure Rules, which have been imported into probate practice by Rule 63 of the Probate and Administration Rules. I note that the application of 21st July 2014 is anchored on Rule 63 of the Probate and Administration Rules.
Review could be allowed where there is an error on the face of the record, discovery of a new and important matter of evidence that was not available at the time the impugned order was made or for any other sufficient reason.
The application is grounded on the allegation that there was an error on the face of the record. I have carefully gone through the affidavit sworn on 21st July 2014 and noted that no such error is identified. The applicant merely asserts that the subject property was jointly owned between him and the deceased, and therefore it does not form part of the estate of the deceased. He does not explain why that should be so, but I suspect that he is relying on the principle of survivorship or jus accrescendi.
I dealt with the issue of the alleged joint ownership in paragraphs 8, 9 and 10 of my ruling of 25th April 2014. I concluded that there was no joint ownership as alleged by the applicant, and I gave my reasons in paragraph 10 of the said ruling.
I see nothing new in the application dated 21st July 2014 that would require me to depart from the position I took in the ruling of 25th April 2014. The application is unmerited. I hereby dismiss the summons. As it was not opposed I will not make any orders on costs.
DATED, SIGNED and DELIVERED at NAIROBI this 2ND DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE