[2016] KEHC 4950 (KLR)
The court found that, regardless of the dispute over whether the applicants signed an authority, it was clear from the record and the applicants' own position that they did not wish to be parties to the application for revocation of grant. The administrator of the estate did not object to their removal. The court...
Source-derived case information.
- Citation
- [2016] KEHC 4950 (KLR)
- Parties
- Applicant: Levy Otiede; Applicant: Henry Mudiang'a; Respondent: Sammy Biayo Anyera Johnson; Respondent: Margaret Kakena Bukarika; Interested Party: Nelson Mutemi
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration Cause118 of 2014
- Procedural Posture
- Probate and Administration Cause / Ruling on Application to Expunge Names From Proceedings
- Outcome
- application allowed
- Judges
- BT Jaden
- Legal Topics
- Probate Procedure, Letters of Administration, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Levy Otiede
Applicant
Henry Mudiang'a
Applicant
Sammy Biayo Anyera Johnson
Respondent
Margaret Kakena Bukarika
Respondent
Nelson Mutemi
Interested Party
Procedural Posture
Probate and Administration Cause / Ruling on Application to Expunge Names From Proceedings
Legal Issues
- 1 Whether the applicants' names should be expunged from the record in relation to the estate of the deceased.
- 2 Whether the applicants authorized the filing of the summons for revocation of grant.
Ratio Decidendi
The court found that, regardless of the dispute over whether the applicants signed an authority, it was clear from the record and the applicants' own position that they did not wish to be parties to the application for revocation of grant. The administrator of the estate did not object to their removal. The court exercised its discretion to allow the application and ordered that the applicants' names be expunged from the proceedings, with costs in the cause.
Court Disposition
application allowed
Orders
- The names of Levy Otiede and Henry Mudiang'a are expunged from the record in relation to the estate of John Anyera (deceased).
- Costs in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
P& A CAUSE NO. 118 OF 2014
JOHN ANYERA ............................................................DECEASED
AND
SAMMY BIAYO ANYERA JOHNSON }
MARGARET KAKENA BUKARIKA } ….............RESPONDENTS
AND
LEVY OTIENDE }
HENRY MUDIANG'A } …........................................APPLICANTS
VERSUS
NELSON MUTEMI ......................................INTERESTED PARTY
R U L I N G
The application dated 15/9/2015 seeks orders that this Honourable court be pleased to expunge from the record the names of the applicants herein in relation to the estate of JOHN ANYERA (deceased).
It is stated in the affidavit in support that when the 1st Respondent herein, SAMMY BIAYO ANYERA filed the summons for revocation dated 2/12/2014 he did not have the authority of the applicants herein. The applicants have distanced themselves from the summons for revocation and hence the application to have their names expunged from the said proceedings . The applicants position is that the family agreed to the letters of Administration being issued to NELSON MUTEMI.
The 1st Respondent opposed the application. According to the affidavit in reply, the applicants signed the authority for the Respondent to file the summons for revocation. The 1st Respondent denied that there was a family meeting held where it was agreed who would be appointed as the administrator of the estate of the deceased. He stated that he is the first born son of the deceased and no such meeting can be held without his permission. He further stated that from the time he started working he started educating his siblings and even oversaw his brothers initiation.
During the hearing of the application, the applicants relied on their affidavit in support of the application and the annextures thereto. The Respondents also relied on their affidavit. The administrator of the estate of the deceased, NELSON MUTEMI did not object to the application.
I have considered the application and the reply to the same.
Although the applicants have contended that they did not sign any authority and the Respondents have disputed that position, it is clear that the applicants do not wish to be parties in the application in question.
Consequently, I allow the application with costs in cause.
_________________________
B. THURANIRA JADEN
JUDGE
Dated and delivered at Kitale this 26th Day of May, 2016.
_______________________
B. THURANIRA JADEN
JUDGE