In re Estate of Ngari Gikingi (Deceased) [2017] KEHC 260 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

SUCCESSION CAUSE NO. 47 OF 2016

In the matter of the Estate of  NGARI GIKINGI (Deceased)

MATI NGARI………................................ APPLICANT/RESPONDENT

V E R S U S

SPOLA WANGARI JUSTIN NJERU..............................RESPONDENT

JUSTIN NJERU NGARI......................................INTERESTED PARTY

R U L I N G

1. The grant in this case was confirmed by this court on 24/01/2017.  The applicant herein filed summons for revocation dated 12/07/2017 seeking for revocation of grant based on the grounds that the grant was obtained fraudulently by making a false statement.  This application has not been prosecuted or withdrawn.

2. The petitioner/applicant has now applied for removal of caution from L.R. No. Evurore/Kathera/2553 which the respondent is claiming in whole in her application to revoke the grant claiming that she bought it from the deceased during his lifetime.

3. The husband of the applicant has joined in this cause as an interested party claiming to have bought the same land from the deceased during his lifetime.

4. During the date of hearing, of the petitioners application  dated 8/5/2017 the respondent did not attend court.  However, on record was a document purportedly signed by the respondent stating that she is not opposed to the distribution of the estate. The signature on the said document and that on the summons for revocation look different raising doubt on the authenticity of the document.

5. Should the applicant wish to withdraw the summons for revocation, she requires to do so formally to facilitate execution of the grant as it is.  Should she wish to prosecute it, directions ought to be taken and the application heard and determined before the issue of removal of caution is dealt with.  The administrator has already filed an application dated 8/05/2017 seeking of removal of caution from L.R. Evurore/Kathera/2553.

6. I hereby direct that the applicant either formally withdraws the summons for revocation or moves the court for the directions with a view of prosecuting the summons within 30 days.

7.  The application dated 8/05/2017 for removal of caution may be fixed for hearing after the expiry of 30 days in the event that the respondent Spola Wangari has not taken any steps to prosecute her summons for revocation.

8. It is hereby so ordered.

DELIVERED, DATED AND SIGNED AT EMBU THIS 1ST DAY OF NOVEMBER, 2017.

F. MUCHEMI

J U D G E

In the presence of:-

Applicant

Respondents