In re Estate of Omwenga Mogaka (Deceased) [2021] KEHC 9589 (KLR)
- Court
- High Court of Kenya
- Case number
- 9589
- Citation
- [2021] KEHC 9589 (KLR)
- Decided
- 27 January 2021
Summary at a glance
TypeSuccessionPosturePetition for revocation of grant of letters of administrationCoramA.K. Ndung'u
The court dismissed the petition, finding that the applicant was not present when the consent order was recorded and that the consent order was valid.
Facts
The applicant sought to set aside a consent order that revoked the grant of letters of administration and granted it to the applicant and the 1st respondent. The 1st respondent claimed the applicant was present when the consent was recorded.
Issues
- Validity of the consent order
- Attendance of the applicant at the consent hearing
Reasoning
The court cited legal precedents to establish that a consent order is binding on all parties unless it is set aside on grounds of fraud or collusion. The court found that the applicant's claim of being present was not supported by the court record.
Outcome
Petition dismissed
Authorities cited
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