[2014] KEHC 1304 (KLR)
The court declined to grant the oral application for partial confirmation of grant because there was no formal application on record to support such an order. The judge emphasized that substantive orders, especially those affecting the distribution of an estate, must be founded on a properly filed application,...
Source-derived case information.
- Citation
- [2014] KEHC 1304 (KLR)
- Parties
- Applicant: Samuel Kuria Gichina; Respondent: Jidraph Mbugua Nyambura; Respondent: Paul Kiguah Wambugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2012 of 2008
- Procedural Posture
- Succession Cause / Ruling on Oral Application for Partial Confirmation of Grant
- Outcome
- Oral application for partial confirmation of grant denied.
- Judges
- LA Achode
- Legal Topics
- Succession, Confirmation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kuria Gichina
Applicant
Jidraph Mbugua Nyambura
Respondent
Paul Kiguah Wambugu
Respondent
Procedural Posture
Succession Cause / Ruling on Oral Application for Partial Confirmation of Grant
Legal Issues
- 1 Whether the court can grant partial confirmation of grant based on an oral application without a formal application on record.
- 2 Whether the applicant, as a co-administrator, has demonstrated efforts to distribute the estate and the necessity for partial confirmation.
Ratio Decidendi
The court declined to grant the oral application for partial confirmation of grant because there was no formal application on record to support such an order. The judge emphasized that substantive orders, especially those affecting the distribution of an estate, must be founded on a properly filed application, allowing all interested parties an opportunity to respond. The applicant, having already been enjoined as a co-administrator, must demonstrate through a formal application what steps have been taken to distribute the estate and why those efforts have failed, before the court can consider granting partial confirmation. The court underscored the need to protect the interests of all...
Court Disposition
Oral application for partial confirmation of grant denied.
Orders
- The verbal application made by counsel for the applicant on 29th October 2014 is denied.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2012 OF 2008
IN THE MATTER OF THE ESTATE OF JOYCE NYAMBURA MBUGUA (DECEASED)
SAMUEL KURIA GICHINA …………….....……….……………………………APPLICANT
AND
JIDRAPH MBUGUA NYAMBURA
PAUL KIGUAH WAMBUGU………………………………………………..RESPONDENTS
RULING
1. This matter was listed before me on 23rd September 2014. Learned counsel Mr. Kareu appearing for the Applicant told the court that the Respondents although served, had not responded nor had they appeared in court. He prayed for partial confirmation of grant concerning the plot which the Applicant herein has laid claim to as a purchaser, so that the other Administrators can deal with the rest of the estate.
2. I have perused the record and have not come upon any application to that effect. This court cannot grant orders in the air and it is quite perplexing for counsel to come before court and pray for orders of such significance when he has not based them on any application.
3. The application dated 16th May 2013 was granted on 20th May 2014 and the court did enjoin the Applicant as a co Administrator. It is therefore for him to file an application indicating what efforts he has made to have the estate of the deceased distributed and showing how those efforts have come to nought, before such orders can be granted. After all there are other Administrators and beneficiaries to the estate whose interest must be safeguarded.
4. The verbal application made by Mr. Kareu for the Applicant on 29th October 2014 is denied.
SIGNED DATEDandDELIVEREDin open court this 4th day of November 2014.
…………………………………….
L. A. ACHODE
JUDGE