Wanjohi v Parteru & another (Civil Application 76 of 2019) [2026] KECA 703 (KLR) (25 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 703
- Citation
- [2026] KECA 703 (KLR)
- Decided
- 25 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appeal against the ruling and orders of the High Court of KenyaCoramW. KORIR, H. ONG’UDI, S. OKONG’O
Holding
The application is allowed, and a new Grant of Letters of Administration is issued to the respondents.
Facts
The deceased died in 1998, and the respondents were issued with a Grant of Letters of Administration in 2015. The suit property was registered in the name of the applicant, who purchased it from the deceased in 1993. The respondents sold the property to Mundia in 2015.
Issues
- Whether the High Court was right in issuing the Grant of Letters of Administration without jurisdiction.
- Whether the High Court was right in failing to declare the Grant of Letters of Administration and all consequential actions null and void.
- Whether the High Court was right in declaring Mundia as a bona fide purchaser without notice of any defect in its title.
- Whether the High Court was right in gagging the ELC from considering the validity of the Grant of Letters of Administration.
Reasoning
The Court finds merit in the application and considers the issues raised.
Outcome
The application is allowed.
Orders
- Issue a new Grant of Letters of Administration to the respondents in place of the one found to have been issued without jurisdiction and to confirm it in its impugned judgment without a petition for Grant of Letters of Administration before it.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…