[2017] KEHC 2953 (KLR)
The court determined that, despite references in submissions to an application for confirmation of grant, there was no such application on record. The absence of a formal application precludes the court from proceeding to confirm the grant or issue substantive orders regarding the estate. The court therefore...
Source-derived case information.
- Citation
- [2017] KEHC 2953 (KLR)
- Parties
- Applicant: Omari M. Adan; Respondent: Jacob Gitingori Mwita; Respondent: Benedict Marwa Mwita; Respondent: Augustine Peter Mwita
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 275 of 2015
- Procedural Posture
- Succession Cause / Directions Prior to Ruling on Objection and Confirmation of Grant
- Outcome
- Directions issued; parties to address the court on the existence of an application for confirmation of grant.
- Judges
- AC Mrima
- Legal Topics
- Succession, Grant Confirmation, Objection Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omari M. Adan
Applicant
Jacob Gitingori Mwita
Respondent
Benedict Marwa Mwita
Respondent
Augustine Peter Mwita
Respondent
Procedural Posture
Succession Cause / Directions Prior to Ruling on Objection and Confirmation of Grant
Legal Issues
- 1 Whether an application for confirmation of grant was filed before the court.
- 2 Whether the court can proceed to determine the objection and confirmation without a formal application for confirmation of grant.
Ratio Decidendi
The court determined that, despite references in submissions to an application for confirmation of grant, there was no such application on record. The absence of a formal application precludes the court from proceeding to confirm the grant or issue substantive orders regarding the estate. The court therefore directed the parties to clarify whether an application for confirmation of grant was filed, to ensure due process and compliance with statutory requirements under the Law of Succession Act.
Court Disposition
Directions issued; parties to address the court on the existence of an application for confirmation of grant.
Orders
- Parties to address the court on whether an application for confirmation of grant was filed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
SUCCESSION CAUSE NO. 275 OF 2015
IN THE MATTER OF THE ESTATE OF NORERI CHACHA (DECEASED)
-between-
OMARI M. ADAN.................................................PETITIONER
-and-
JACOB GITINGORI MWITA
BENEDICT MARWA MWITA
AUGUSTINE PETER MWITA.............................OBJECTORS
DIRECTIONS
1. This cause was initially filed in the Senior Resident Magistrate’s Court at Kehancha and thereafter transferred to the High Court at Kisii before it was subsequently transferred to this Court.
2. From the record a grant was issued by the lower Court and thereafter an objection filed and heard by way of oral evidence but before the lower court could deliver its decision the matter was transferred aforesaid. The proceedings were thereafter set aside by an order of the High Court at Kisii and the hearing of the objection began de novo before this Court.
3. As this Court retired to write the ruling on the objection, I have noted that the Petitioner indicated that he filed an application for confirmation of the grant and prayed for the confirmation of the grant in his submissions. The Objectors restricted themselves to the objection but also made a mention on an application for the confirmation of the grant in their submissions.
4. I have carefully perused the record but did not come across any application for the confirmation of the grant. I therefore direct the parties herein to address this Court on whether the application for the confirmation of the grant was filed to enable this Court give appropriate directions.
DELIVERED, DATED and SIGNED at MIGORI this 11th day of October 2017.
A. C. MRIMA
JUDGE