[2001] KEHC 809 (KLR)
The court found that the applicant, acting under a valid power of attorney, required the re-sealing of the Tanzanian grant of representation to lawfully pursue an accident claim in Kenya. The court was satisfied that the requirements for re-sealing a foreign grant under Kenyan law were met, and that such re-sealing...
Source-derived case information.
- Citation
- [2001] KEHC 809 (KLR)
- Parties
- Applicant: E.M.M. I.; Respondent: Attorney General (AG's Chambers)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1395 of 1996
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Resealing Foreign Grant, Estate Administration, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E.M.M. I.
Applicant
Attorney General (AG's Chambers)
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the grant of representation issued by the High Court of Tanzania can be re-sealed by the High Court of Kenya to enable the applicant to pursue an accident claim in Kenya.
Ratio Decidendi
The court found that the applicant, acting under a valid power of attorney, required the re-sealing of the Tanzanian grant of representation to lawfully pursue an accident claim in Kenya. The court was satisfied that the requirements for re-sealing a foreign grant under Kenyan law were met, and that such re-sealing would enable the applicant to access benefits already paid by the insurance company. Accordingly, the application was allowed and the foreign grant was re-sealed to facilitate the administration of the estate and pursuit of the claim.
Court Disposition
application allowed
Orders
- The grant of representation dated 12th September, 2000 issued at the High Court of Tanzania at Arusha is hereby re-sealed by the High Court of Kenya.
Full Case Text
Judgment text and source record
3 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO.1395 OF 1996 IN THE MATTER OF THE ESTATE OF MATHIAS KISSIRI (DECEASED) R U L I N G
This application by way of summons seeks orders for the re- sealing of the grant issued by the High Court of Tanzania to enable the applicant herein to pursue an accident claim at the AG’s chambers, where benefits for the accident claim was paid by the Prudential Insurance Company, to an advocate here in Nairobi. The applicant is acting under a power of Attorney attached herein E.M.M. I. The applicant submits that he can only proceed with the said claim after the re-sealing of the said grant. I allow the application and orders as prayed. The grant herein dated 12th September, 2000 issued at the High Court of Tanzania at Arusha is hereby re-sealed. Dated and delivered at Nairobi this 17th July, 2001
J.L.A. OSIEMO JUDGE