[2010] KEHC 1537 (KLR)
The court found that the Oyugis Senior Resident Magistrate’s Court did not have jurisdiction to issue the grant of letters of administration because the value of the estate exceeded the statutory limit of Kshs. 100,000 as set out in section 48 of the Law of Succession Act. Jurisdiction is fundamental to the validity...
Source-derived case information.
- Citation
- [2010] KEHC 1537 (KLR)
- Parties
- Applicant: Peter Elly Okeyo Okul; Respondent: Hezbon Ochieng Ayodo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 41 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Annulment of Grant
- Outcome
- grant annulled
- Judges
- DK Musinga
- Legal Topics
- Probate and Administration, Jurisdiction of Magistrates Courts, Annulment of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Elly Okeyo Okul
Applicant
Hezbon Ochieng Ayodo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Annulment of Grant
Legal Issues
- 1 Whether the magistrate's court had jurisdiction to issue the grant of letters of administration for an estate valued above Kshs. 100,000.
- 2 Whether the grant issued by a court lacking jurisdiction should be annulled.
Ratio Decidendi
The court found that the Oyugis Senior Resident Magistrate’s Court did not have jurisdiction to issue the grant of letters of administration because the value of the estate exceeded the statutory limit of Kshs. 100,000 as set out in section 48 of the Law of Succession Act. Jurisdiction is fundamental to the validity of any judicial decision; without it, any orders or judgments are null and void. Since the lack of jurisdiction was not disputed and was clear from the facts, the grant issued was a nullity and had to be annulled. The court therefore annulled the grant and made no order as to costs, finding it unnecessary to consider any other issues raised by the parties.
Court Disposition
grant annulled
Orders
- The grant of letters of administration intestate issued to the respondent on 16th June 2009 in Oyugis Resident Magistrate’s Court Succession Cause No. 18 of 2009 is annulled.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Miscellaneous Civil Application 41 of 2010
IN THE MATTER OF THE ESTATE OF JECONIA AYODO ONYIERO (DECEASED)
IN THE MATTER OF ANNULMENT OF GRANT OF LETTERS OF ADMINISTRATION
BETWEEN
PETER ELLY OKEYO OKUL …….……....................……… OBJECTOR/APPLICANT
AND
HEZBON OCHIENG AYODO ………….......................… PETITIONER/RESPONDENT
RULING
The applicant filed an application dated 14th April 2010 seeking,inter alia, that the Grant of Letters of Administration intestate issued to the respondent on 16th June 2009 videOyugis Resident Magistrate’s Court Succession Cause No. 18 of 2009be annulled.The estate of the deceased consists of a parcel of land known asKabondo/Kodhoch West/21which measures 6 hectares or thereabout (15 acres).There was no dispute by either of the parties that the said parcel of land exceeds a value of Kshs. 100,000/=.
Section 48of theLaw of Succession Actlimits the jurisdiction of magistrate’s court in probate and administration cases to estates whose value does not exceed Kshs. 100,000/=.It is therefore apparent that the Oyugis Senior Resident Magistrate’s court did not have jurisdiction to grant the letters of administration.In judicial proceedings jurisdiction is the bedrock of any decision.Without it, any judgment and/or order made by a court cannot stand and is a nullity.Consequently, I annul the aforesaid grant but make no orders as to costs.Having reached the above conclusion I need not consider all the other issues that were raised by the parties herein as that would be a mere academic exercise.
DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF JUNE, 2010.
D. MUSINGA
JUDGE.
11/6/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Ogweno for Mr. Bana for the Applicant
Respondent – present
Court:Ruling delivered in open court on 11th June, 2010.
D. MUSINGA
JUDGE