[2008] KEHC 865 (KLR)
The court found that the application for revocation of grant was fundamentally defective as it failed to clearly state the relief sought. The application, having been drawn and filed by an advocate, did not comply with the basic requirements of procedural law. Entertaining such an application would undermine the...
Source-derived case information.
- Citation
- [2008] KEHC 865 (KLR)
- Parties
- Applicant: Nyaga Karingi; Respondent: Martin Njagi Karingi; Interested Party: Niceta Muthanje
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 16 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application
- Outcome
- application struck out with costs
- Judges
- J Karanja
- Legal Topics
- Revocation of Grant, Succession Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Karingi
Applicant
Martin Njagi Karingi
Respondent
Niceta Muthanje
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the application for revocation of grant was properly drafted and disclosed a clear prayer.
- 2 Whether the court should entertain an application that does not comply with procedural rules.
Ratio Decidendi
The court found that the application for revocation of grant was fundamentally defective as it failed to clearly state the relief sought. The application, having been drawn and filed by an advocate, did not comply with the basic requirements of procedural law. Entertaining such an application would undermine the integrity of the court process and the rules of procedure. Consequently, the court struck out the application with costs to the respondent and the interested party, emphasizing that costs must be paid before any further application can be filed in the matter.
Court Disposition
application struck out with costs
Orders
- The application is struck out.
- Costs awarded to the respondent and interested party.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc. Appli. 16 of 2003
NYAGA KARINGI………………...........……………………….APPLICANT
VERSUS
MARTIN NJAGI KARINGI….……………………………..RESPONDENT
NICETA MUTHANJE………..……………………INTERESTED PARTY
RULING
The applicant filed the application headed “SUMMONS FOR REVOCATION OF GRANT” on 26/3/2003.
Prayer (1) of the application read:-
“That the grant of letters of Administration to Martin Njagi Karingi
made on 19/8/2002 in Resident magistrate’s Court of Kenya
at Runyenjes in Succession Cause No.26 of 2002 on the
ground.”
This is clearly not a prayer and the court does not know what the applicant is seeking from the court. Entertaining such an application when the same has been drawn and filed by an advocate would amount to a mockery of all known Rules of procedure.
The same is therefore struck out with costs to the respondent and 3rd party. The costs be taxed and paid before the applicant can be allowed to file any other application in this file.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this30th …day ofJuly2008
In Presence of:-