[2014] KEHC 7584 (KLR)
The court found that there was no sufficient basis to cancel the certificate of confirmation of grant as the applicant failed to demonstrate that he was excluded from the proceedings or that there was any procedural irregularity. The applicant should have sought review of the confirmation orders or revocation of the...
Source-derived case information.
- Citation
- [2014] KEHC 7584 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2383 of 2003
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the certificate of confirmation of grant should be cancelled due to alleged unequal distribution of the estate.
- 2 Whether the applicant was denied participation in the confirmation proceedings.
Ratio Decidendi
The court found that there was no sufficient basis to cancel the certificate of confirmation of grant as the applicant failed to demonstrate that he was excluded from the proceedings or that there was any procedural irregularity. The applicant should have sought review of the confirmation orders or revocation of the grant itself, rather than seeking cancellation of the certificate. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The Motion dated 19th February 2012 is dismissed.
- The respondent shall have costs of the application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 2383 OF 2003
IN THE MATTER OF THE ESTATE OF BEATRICE WANJIRU NDEGWA – (DECEASED)
JUDGMENT
1. The Motion dated 29th February 2012 seeks revocation and annulment of the certificate of confirmation of grant issued on 14th June 2011. The application is premised on the grounds that the distribution in the certificate of confirmation of grant was unequal. The applicant avers that he did not participate in the confirmation proceedings as he was out of the reach of his advocates.
2. The respondent has replied to the application by his affidavit sworn on 16th May 2012. He avers that the applicant was at all times aware of what was going on.
3. The matter for determination is cancellation of a certificate of confirmation and not revocation of the grant itself. I proceeded to take oral evidence on the erroneous premise that I was handling an application for revocation of grant.
4. Having studied the material placed before me I find no basis upon which I should cancel the certificate of confirmation of grant. The applicant ought to have moved for a review of the confirmation orders or the revocation of the grant.
5. The Motion dated 19th February 2012 is hereby dismissed. The respondent shall have costs of the application.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE