[2015] KEHC 6995 (KLR)
The court found that JOHNSTONE MURIRA NGUYAI, having acquired a portion of the estate and being subject to a prayer for cancellation of the transfer, must be personally served with the application for revocation of grant to ensure he is afforded an opportunity to be heard. The affidavits of service did not show...
Source-derived case information.
- Citation
- [2015] KEHC 6995 (KLR)
- Parties
- Respondent: JOHNSTONE MURIRA NGUYAI; Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 729 of 2014
- Procedural Posture
- Succession Cause / Interlocutory Order on Service and Response to Application for Revocation of Grant
- Outcome
- Application for revocation of grant deferred pending personal service on JOHNSTONE MURIRA NGUYAI and his response.
- Judges
- AO Muchelule
- Legal Topics
- Succession Proceedings, Revocation of Grant, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOHNSTONE MURIRA NGUYAI
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Interlocutory Order on Service and Response to Application for Revocation of Grant
Legal Issues
- 1 Whether JOHNSTONE MURIRA NGUYAI was properly served with the application for revocation of grant.
- 2 Whether the transfer of a portion of the estate to JOHNSTONE MURIRA NGUYAI can be cancelled without affording him an opportunity to be heard.
Ratio Decidendi
The court found that JOHNSTONE MURIRA NGUYAI, having acquired a portion of the estate and being subject to a prayer for cancellation of the transfer, must be personally served with the application for revocation of grant to ensure he is afforded an opportunity to be heard. The affidavits of service did not show personal service on him, and thus, no adverse orders can be made against him until he is properly served and given a chance to respond.
Court Disposition
Application for revocation of grant deferred pending personal service on JOHNSTONE MURIRA NGUYAI and his response.
Orders
- JOHNSTONE MURIRA NGUYAI to be personally served with the application for revocation of grant.
- Upon service, JOHNSTONE MURIRA NGUYAI to file a replying affidavit within 14 days.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 729 OF 2014
IN THE MATTER OF THE ESTATE OF THIGA MUNGAI ALIAS JASAN WAITITU– DECEASED
ORDER
1. I have perused this file and noticed that the application dated 27th March 2014 seeking the revocation of the grant herein was to be served on, among others, JOHNSTONE MURIRA NGUYAI. The sworn affidavits of service do show that there was no single occasion when he was personally served. He has not responded to the application. He bought a portion of the estate. The portion was transferred to him. One of the prayers is that the transfer be cancelled. That can only be done if he has been effectively served and therefore given an opportunity to be heard.
2. I direct that he be personally served with the application following which he will have 14 days to file a replying affidavit to which the other parties shall have 7 days to respond. This matter shall be mentioned on 17th February 2015 to take a ruling date. The said JOHNSTONE will be at liberty to file whatever written submissions along with his affidavit.
DATED and DELIVERED at NAIROBI this 27th January 2015.
A.O. MUCHELULE
JUDGE