[2002] KEHC 106 (KLR)
The court found that the applicant had not complied with the requirement to obtain an amended certificate of confirmation of grant as previously ordered, and that the application for review did not rely on any of the grounds specified under Rule 44(1) of the Civil Procedure Rules. Furthermore, the court held that...
Source-derived case information.
- Citation
- [2002] KEHC 106 (KLR)
- Parties
- Applicant: Margaret Njeri Njogu; Respondent: George Muniu Mungai; Respondent: National Bank of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3 of 1997
- Procedural Posture
- Succession Cause / Ruling on Summons for Review
- Outcome
- application dismissed
- Judges
- JM Khamoni
- Legal Topics
- Probate and Administration, Confirmation of Grant, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Njeri Njogu
Applicant
George Muniu Mungai
Respondent
National Bank of Kenya
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Review
Legal Issues
- 1 Whether the applicant was entitled to review of the court's order without an amended certificate of confirmation of grant being issued.
- 2 Whether the application for review satisfied the grounds under Rule 44(1) of the Civil Procedure Rules.
- 3 Whether the registrar or deputy registrar has authority to exercise powers of an executor or administrator under the Law of Succession Act.
Ratio Decidendi
The court found that the applicant had not complied with the requirement to obtain an amended certificate of confirmation of grant as previously ordered, and that the application for review did not rely on any of the grounds specified under Rule 44(1) of the Civil Procedure Rules. Furthermore, the court held that the registrar or deputy registrar lacks authority to exercise the powers and duties of an executor or administrator under the Law of Succession Act. As a result, the summons for review was dismissed as objectionable and lacking merit.
Court Disposition
application dismissed
Orders
- The summons dated 14th October 2002 is dismissed.
- The applicant, unless the respondent does not want it, is to personally pay costs of this application to the respondent George Muniu Mungai, without touching any asset in the deceased’s estate.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 3 OF 1997
IN THE MATTER OF THE ESTATE OF STEPHEN NJOGU
MUNGAI (DECEASED)
MARGARET NJERI NJOGU …………………………. APPLICANT
VERSUS
GERGE MUNIU MUNGAI ……………………. 1ST RESPONDENT
NATIONAL BANK OF KENYA ………………. 2ND RESPONDENT
R U L I N G
From what has been brought to my attention during the hearing of this summons dated 14th October 2002, the same be and is hereby dismissed for the following reasons:
Firstly, I get the impression that
the Applicant, Margaret Njeri Njogu is behaving unreasonably by not listening to the good advice to her from the Respondent George Muniu Mungai who is her Co-Administrator.
Secondly, before making this application, the Applicant should have first ensured that an amended certificate of confirmation of grant she is trying to effect, has been issued in compliance with this court’s order dated 23rd September 2002.
To-date no such an amended certificate has been issued and it is not enough to rely on an extracted court order in this matter.
Thirdly, although this summons is properly brought under Rule 44(1) of the Civil Procedure Rules for a review, none of the grounds specified in that rule is being relied upon thereby making the application objectionable.
Fourthly, in Probate and Administration Proceedings where the Executor or Administrator has to exercise his powers and perform his duties the Registrar or a deputy registrar of this court has no authority under the Law of Succession Act and its rules to exercise those Powers and perform those duties as
any failure on the part of the Executor or administrator can be adequately addressed under the Provisions of the Law of Succession Act and Probate and Administration Rules.
In conclusion, unless the Respondent does not want it, the Applicant to personally pay costs of this application to the Respondent George Muniu Mungai, without touching any asset in the deceased’s estate for that purpose.
Delivered, dated and signed at Nairobi this 7th Day of November 2002.
J.M. KHAMONI
JUDGE