In re Estate of William Moseti & Maroa Mwita (Deceased) (Succession Cause 586 of 2014) [2023] KEHC 26482 (KLR) (18 December 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 26482
- Citation
- [2023] KEHC 26482 (KLR)
- Decided
- 18 December 2023
Summary at a glance
TypeSuccessionPostureApplication for Reinstatement of CauseCoramRPV WENDOH
The court sets aside the orders issued on 10/3/2020 revoking the grant of letters of administration intestate and reinstates the same for confirmation of grant. The applicants are granted liberty to file summons for confirmation of grant within 30 days.
Facts
The cause was filed in 2014 and letters of administration intestate were issued on 6/6/2017. The cause was dismissed for want of prosecution on 10/3/2020 and the letters of administration were revoked. The applicants are now seeking to reinstate the cause and confirm the grant.
Issues
- Reinstatement of the cause
- Confirmation of grant
Reasoning
The court finds that the notices to show cause were issued in error and that the cause had already been dealt with and the letters of administration were confirmed on 6/6/2017. The court orders the preparation of a certificate of confirmation of grant.
Outcome
The application is granted.
Orders
- Set aside the orders issued on 10/3/2020 revoking the grant of letters of administration intestate and reinstate the same for confirmation of grant.
- Grant the applicants liberty to file summons for confirmation of grant within 30 days.
Remedies
- Reinstatement of the cause and confirmation of grant
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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