In re Emmanuel Mokire Ole Kiu (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Narok
Category
Civil
Judge(s)
J. M. Bwonwong’a
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Emmanuel Mokire Ole Kiu (Deceased) [2020] eKLR


1. Case Information:
- Name of the Case: Josephine Peyian Kiu v. Maloi Ole Kiu & Narok Highway Towers Ltd
- Case Number: Civil Appeal No. 2 of 2019
- Court: High Court of Kenya at Narok
- Date Delivered: October 26, 2020
- Category of Law: Civil
- Judge(s): J. M. Bwonwong’a
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around whether the shares held in Narok Highway Towers Ltd constitute the free property of the deceased, Emmanuel Mokire Ole Kiu, and whether the objection raised by the appellant was valid under the provisions of the Law of Succession Act.

3. Facts of the Case:
The appellant, Josephine Peyian Kiu, is appealing against a ruling from the lower court which determined that the shares in Narok Highway Towers Ltd were not free property of the deceased, Emmanuel Mokire Ole Kiu. The lower court also ruled that Narok Highway Towers Ltd had the authority to handle the shares in accordance with the Companies Act and allowed the parties to pursue further proceedings regarding the estate of their late mother, Sorora Ole Kiu. The appellant raised seven grounds of appeal, contesting the trial court's decision.

4. Procedural History:
The case originated from the Narok CMC Succession Cause No. 25 of 2016, where the trial court ruled on the objection made by the appellant. The objection, dated June 30, 2017, was argued to be improperly filed as it did not adhere to the requirements outlined in Section 68 of the Law of Succession Act. The appellant's counsel contended that the objection was time-barred and that the trial court had erred in allowing it. The appeal was subsequently brought before the High Court of Kenya.

5. Analysis:
- Rules: The court considered the Law of Succession Act, particularly Section 68, which governs objections to grants of administration. The court also referenced Article 159 of the 2010 Constitution of Kenya, which emphasizes the need for substantive justice while upholding procedural rules.
- Case Law: The court cited several cases, including *In re Estate of Esther Francis Thoya (Deceased)* [2018] e-KLR and *Re Estate of Agnes Ogola Akoth (Deceased)* [2016] e-KLR, to support the argument that objections must be filed within 30 days of the issuance of a grant. The ruling in *Nicholas Kiptoo Arap Korir Salat v IEBC & 6 Others* [2013] e-KLR reinforced the importance of procedural adherence, stating that Article 159 was not intended to bypass procedural rules.
- Application: The court found that the objection was filed more than 30 days after the grant of letters of administration was issued on December 13, 2016. Since the objection was not filed within the stipulated timeframe, it was deemed invalid. The court concluded that Article 159 could not be invoked to circumvent established procedural requirements.

6. Conclusion:
The High Court upheld the appellant's first ground of appeal, ruling that the objection was improperly filed and therefore invalid. The court allowed the appeal, setting aside the lower court's decision, and emphasized that no order as to costs would be made due to the familial nature of the dispute.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was unanimous.

8. Summary:
The High Court of Kenya ruled in favor of Josephine Peyian Kiu, setting aside the lower court's ruling regarding the shares of Narok Highway Towers Ltd. The court affirmed the importance of adhering to procedural timelines in succession matters, reinforcing that objections to grants must be filed within the specified period under the Law of Succession Act. This case underscores the necessity of following established legal procedures in succession disputes, emphasizing the balance between substantive justice and procedural compliance.

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