https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/179
The court held that the grant dated 20/2/2018 had been superseded by the judgment of 23/1/2023 which made the two petitioners joint administrators, and because no fresh grant had been issued in their joint names, the old grant could not lawfully be confirmed; the summons was therefore struck out and the parties...
Source-derived case information.
- Citation
- [2026] KEMC 179 (KLR)
- Parties
- Petitioner: Titus Juma Wapakala; Petitioner: Mary Wapakala
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 295 of 2017
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for Confirmation of Grant struck out; fresh grant to issue first.
- Judges
- ["RN Maloba"]
- Legal Topics
- Confirmation of Grant, Joint Administrators, Fresh Grant, Striking Out Summons, Estate Distribution Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Juma Wapakala
Petitioner
Mary Wapakala
Petitioner
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the existing grant issued on 20/2/2018 could be confirmed after the court judgment of 23/1/2023 appointing joint administrators.
- 2 Whether the summons for confirmation of grant could stand where no fresh grant had been issued in the joint names of the administrators.
Ratio Decidendi
The court held that the grant dated 20/2/2018 had been superseded by the judgment of 23/1/2023 which made the two petitioners joint administrators, and because no fresh grant had been issued in their joint names, the old grant could not lawfully be confirmed; the summons was therefore struck out and the parties directed to obtain a fresh grant before filing a new confirmation application.
Court Disposition
Summons for Confirmation of Grant struck out; fresh grant to issue first.
Orders
- The Summons for Confirmation dated 8/7/2024 was declined and struck out.
- A fresh grant is to issue in favour of both petitioners.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Wapakala alias Joakim Wapakala (Deceased) (Succession Cause 295 of 2017) [2026] KEMC 179 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KEMC 179 (KLR) Republic of Kenya In the Bungoma Law Courts Succession Cause 295 of 2017 RN Maloba, SPM June 19, 2026 In the matter of Titus Juma Wapakala Petitioner Ruling 1.The Petitioners in this cause are Titus Juma Wapakala and Mary Wapakala, son and surviving widow to the deceased Yowakim Wapakala alias Joakim Wapakala. 2.By a judgment of the court dated 23/1/2023, the two were made joint administrators following the objection which was lodged in the matter. Initially, the Grant had been issued to the 1st Petitioner alone. The objection by the 2nd Petitioner was that she had been excluded during sharing of the deceased’s estate. 3.Now before me is the Summons for Confirmation of Grant dated 8/7/2024, in the same, Petitioners pray that the Grant issued on 20/2/2018 be confirmed and costs be in the cause. 4.Upon perusal of the file carefully, I have noted that no fresh or new Grant was issued in the joint names of the two Petitioners after the judgment of 23/1/2023. In fact, the Petitioners are purporting to ask that the Grant issued on 20/2/2018 b confirmed yet the same is overtaken by dint of the aforesaid judgment. That that Grant has no force of law and is incapable of confirmation. 5.Considering the above, and notwithstanding that Petitioners agreed on the mode of distribution as evidenced in the consent to confirmation of Grant dated 29/9/2025, I would decline to confirm the Grant for reasons aforesaid. 6.Instead, I would strike out the Summons for Confirmation dated 8/1/2024 to allow for a fresh Grant to issue in favour of both Petitioners. 7.Once the same is issued, the Petitioners or either of them to file a fresh Summons for Confirmation of Grant within seven (7) days from date thereof.It is so ordered. HON.R.B.N MALOBA(MS)-SPMSPM19/6/2026.RULING DATED AND DELIVERED IN OPEN COURT THIS 19TH DAY OF JUNE 2026.HON. R. B. N. MALOBASPM19/6/2026.In the presence of:…………………..……..1st PetitionerN/A……………… for Mr. Shichangi………………………for 2nd Petitioner