M’nabeam’imanyara & another v Stanley Bundi & 2 others [2016] KEHC 1857 (KLR)

Facts

The deceased 1st Petitioner exchanged land with the 2nd Petitioner and both families have lived on the exchanged land. The 2nd Petitioner opposed the application to join Charity M'Nabea as a party due to the exchange of land and the pending application for revocation of the grant.

Issues

1. Whether Charity M'Nabea should be joined as a party due to her appointment as legal representative of the deceased 1st Petitioner
2. Whether the court is functus officio due to the pending application for revocation of the grant

Reasoning

The court held that Charity M'Nabea should be joined as a party due to her appointment as legal representative and her status as an administrator and beneficiary of the estate. The court also noted that the pending application for revocation of the grant must be served upon all administrators and beneficiaries, including the deceased 1st Petitioner's personal representative.

Outcome

Charity M'Nabea was ordered to be joined as a party in the proceedings

Authorities cited