Julius Gennings Gichoga & another v Mwingoka Self Help Group & 3 others [2014] KEHC 1172 (KLR)
- Court
- High Court of Kenya
- Case number
- 1172
- Citation
- [2014] KEHC 1172 (KLR)
- Decided
- 30 October 2014
The court finds that the objectors have no interest in the deceased estate as they are not beneficiaries or creditors to the estate and did not state their relationship to the deceased or set grounds that would classify them under the Law of Succession Act.
Facts
The 3rd and 4th objectors/applicants sought leave to file their objection proceedings out of time, claiming they are bonafide purchasers for value and have been in actual possession and extensive development of their plots. They also alleged that the petitioners did not disclose material facts when they filed the cause.
Issues
- Whether the objectors' application meets the criteria for granting leave to file objection proceedings out of time.
- Whether the objectors are entitled to apply for the grant of letters of administration of the deceased estate.
Reasoning
The objectors are not beneficiaries or creditors to the deceased estate and did not state their relationship to the deceased or set grounds that would classify them under the Law of Succession Act. They did not give any reason for delay in filing their objection within 30 days from the date of publication of notice for the application for grant.
Outcome
Application dismissed with costs to the petitioners.
Orders
- Application for leave to file objection proceedings out of time dismissed.
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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