[2008] KEHC 1260 (KLR)
The court found that the issue of the Kiambu Court's jurisdiction to apportion land while the deceased was alive warranted a review of the previous ruling. However, the administratrix failed to satisfactorily explain her absence. Consequently, the court set aside its earlier ruling to ensure that all legal and...
Source-derived case information.
- Citation
- [2008] KEHC 1260 (KLR)
- Parties
- Applicant: Administratrix (Applicant); Respondent: Objectors
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 204 of 1997
- Procedural Posture
- Succession Cause / Application for Review of Ruling
- Outcome
- Ruling set aside; costs awarded to objectors.
- Judges
- KH Rawal
- Legal Topics
- Estate Administration, Review of Ruling, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administratrix (Applicant)
Applicant
Objectors
Respondent
Procedural Posture
Succession Cause / Application for Review of Ruling
Legal Issues
- 1 Whether the Kiambu Court had jurisdiction to apportion the land when the deceased was alive.
- 2 Whether the absence of the administratrix was satisfactorily explained.
Ratio Decidendi
The court found that the issue of the Kiambu Court's jurisdiction to apportion land while the deceased was alive warranted a review of the previous ruling. However, the administratrix failed to satisfactorily explain her absence. Consequently, the court set aside its earlier ruling to ensure that all legal and factual issues, especially regarding jurisdiction, are properly determined. The administratrix was ordered to pay costs to the objectors as her application did not provide a satisfactory explanation for her absence.
Court Disposition
Ruling set aside; costs awarded to objectors.
Orders
- The previous ruling is set aside.
- The administratrix/applicant shall pay costs to the objectors.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Case 204 of 1997
IN THE MATTER OF THE ESTATE OF NGUGI KAMAU – DECEASED
RULING
After I have given my ruling on 28th February, 2007, the Administratrix filed an application dated 8th March,, 2007 to set aside, vary or review the aforesaid Ruling.
The issue of the jurisdiction of the Kiambu Court to apportion the land when the deceased was alive was raised.
I have carefully, considered the full record and without giving my views on the said issue, I review my ruling to determine the said issue with all the facts before the court from both sides.
I do however find that the issue of absence, in my view, has not been explained to my satisfaction.
I am reviewing my ruling only to get the legal and factual issues properly determined.
I thus set aside the ruling and direct that the administratrix/Applicant pay the costs to the Objectors.
Dated and signed and Nairobi this 13th day of May, 2008.
K.H. RAWAL
JUDGE
13. 5.08