In re Estate of the Late Magete Tesot (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kericho
Category
Civil
Judge(s)
A.N. Onger
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key findings and implications of the In re Estate of the Late Magete Tesot (Deceased) [2020] eKLR case. This summary highlights the court's decisions and impacts on estate law.

Case Brief: In re Estate of the Late Magete Tesot (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Republic of Kenya in the High Court of Kenya at Kericho Succession Cause No. 49 of 2017, In the Matter of the Estate of the Late Magete Tesot (Deceased)
- Case Number: Succession Cause No. 49 of 2017
- Court: High Court of Kenya at Kericho
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): A.N. Onger
- Country: Kenya

2. Questions Presented:
The court must resolve whether to set aside the judgment delivered on August 6, 2020, based on claims of an apparent error in the record, lack of service to some respondents, and the existence of an unresolved objection by the first respondent.

3. Facts of the Case:
The petitioner, Paul Kipkemoi Sitienei, is seeking to administer the estate of the deceased, Magete Tesot. The first respondent, Sarah Chelangat, along with other respondents, raised objections against the petitioner's application. The judgment in question was based on an application that had been withdrawn prior to the judgment being issued. The first respondent contends that she was appointed as a joint administrator of the estate and claims that the judgment adversely affects her rights.

4. Procedural History:
The application to set aside the judgment was filed on August 17, 2020, citing several grounds including an error in the judgment based on a withdrawn application and lack of service to some respondents. The first respondent supported her application with an affidavit. The petitioner opposed this application through a replying affidavit dated September 6, 2020. The court found that the judgment was indeed based on a non-existent application and acknowledged that the application to set aside was made without undue delay.

5. Analysis:
- Rules: The court examined the provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, which govern the grounds for reviewing judgments. These rules allow for review in cases of errors apparent on the face of the record, the discovery of new evidence, or other sufficient reasons.
- Case Law: The court did not specifically cite previous cases in the ruling, but it relied on established principles of civil procedure regarding the review of judgments and the necessity of ensuring all parties are heard before a decision is made.
- Application: The court applied the rules to the facts by recognizing that the judgment was erroneously based on an application that had been withdrawn. It agreed with the applicant that there was an apparent error and that the application was made without undue delay. Consequently, the court set aside the judgment and all consequential orders.

6. Conclusion:
The court ruled to set aside the judgment delivered on August 6, 2020, due to the error regarding the application that had been withdrawn. This decision underscores the importance of ensuring that all parties involved in legal proceedings are properly notified and heard before judgments are rendered.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court of Kenya at Kericho set aside a previous judgment concerning the estate of Magete Tesot due to an error in the record based on a withdrawn application. This ruling emphasizes the necessity of procedural fairness and the court's authority to correct its own mistakes. The case highlights the importance of ensuring that all parties to a proceeding are adequately served and able to present their objections or claims.

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