In the Matter of Probate and Administration - Preliminary Objection by the Petitioner (Succession Cause)
The bottom line
#Kenya's High Court struck out an attempt to revoke an estate grant because the objector never filed the required appearance form first.
What this practically means
#Executive summary
#Key legal issues
#Whether Rule 60 of the P&A Rules is mandatory for an objector seeking to be heard in a succession cause
Rule 60 is mandatory; an objector who has not entered appearance in Form 26 has no locus standi, and the summons for revocation is struck out.
The court held Rule 60 clearly requires any interested person wishing to be heard to enter appearance in Form 26 giving an address for service before taking any other step. This requirement cannot be substituted by other rules. Entry of appearance is what confers standing; non-compliance denies a party locus and renders improperly filed documents premature and liable to be struck out.
Whether Rules 9, 70 and 73 of the P&A Rules could be invoked by the Applicant
None of the cited rules applied: Rule 9 concerns grants applied for in person, not revocation summons; Rule 70 concerns adaptation of forms; Rule 73's inherent powers could not be used where the applicant never properly joined the proceedings.
Rule 8 is irrelevant to revocation. Rule 9 does not govern revocation summons where a grant has already issued and an objector comes in to protect interests. Rule 70 merely allows adaptation of scheduled forms and does not prescribe revocation procedure. Rule 73's inherent jurisdiction cannot be invoked by a party who has not properly joined the proceedings.
Legal principles established
#- An interested person must enter appearance in Form 26 under Rule 60 of the P&A Rules before taking any other step; entry of appearance confers locus standi.
Court orders
#- 1.Preliminary objection upheld
- 2.Summons for revocation of grant filed by Wetangula, Adan and Makokha Advocates struck out
- 3.Costs of the preliminary objection to the Petitioner
- Jurisdiction invoked
- Probate and Administration Rules (succession jurisdiction of the High Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter of Probate and Administration - Preliminary Objection by the Petitioner (Succession Cause)", Case Analysis (2009). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.