[2009] KEHC 845 (KLR)
The court found that the respondent improperly combined the estates of two unrelated deceased persons in one succession cause, failed to disclose or provide for the rightful beneficiaries of Olango Oyoo, and did not establish any relationship with the deceased. Additionally, the subordinate court lacked jurisdiction...
Source-derived case information.
- Citation
- [2009] KEHC 845 (KLR)
- Parties
- Applicant: Elidah Atieno Ojwang; Applicant: Masella Ochieng Rayier; Applicant: John Orwa; Respondent: George Odhiambo Nyakwaka
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 200 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grant revoked
- Legal Topics
- Revocation of Grant, Letters of Administration, Non Disclosure of Beneficiaries, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elidah Atieno Ojwang
Applicant
Masella Ochieng Rayier
Applicant
John Orwa
Applicant
George Odhiambo Nyakwaka
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether it was proper to seek to inherit two unrelated deceased persons in one succession cause.
- 2 Whether the respondent failed to disclose or provide for the rightful beneficiaries of the estate of Olango Oyoo.
- 3 Whether the respondent had any relationship with the deceased Olango Oyoo.
Ratio Decidendi
The court found that the respondent improperly combined the estates of two unrelated deceased persons in one succession cause, failed to disclose or provide for the rightful beneficiaries of Olango Oyoo, and did not establish any relationship with the deceased. Additionally, the subordinate court lacked jurisdiction as the estate's value exceeded Kshs. 100,000. These failures constituted sufficient grounds for revocation of the grant under Section 76 of the Law of Succession Act. The application for revocation was therefore allowed, and the grant issued was revoked with costs to the applicants.
Court Disposition
application allowed; grant revoked
Orders
- The Grant issued herein is revoked.
- The application is allowed with costs to the applicants.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Miscellaneous Application 200 of 2009
IN THE MATTER OF: THE ESTATE OF NYAKWAKA OYOO & OLANGO OYOO ?DECEASED(S)
AND
IN THE MATTER OF: REVOCATION OF GRANT OF LETTERS OF ADMINSITRATION
BETWEEN
ELIDAH ATIENO OJWANG
MASELLA OCHIENG RAYIER
JOHN ORWA…………………………..…….OBJECTORS/APPLICANTS
AND
GEORGE ODHIAMBO NYAKWAKA……PETITIONER/RESPONDENT
R U L I N G
This application was served but there was no response preferred. The factual position as sworn in the supporting affidavit is therefore not controverted.
It was certainly wrong for the petitioner /respondent to seek to inherit two deceased persons using one succession cause. Each deceased person should have been subject of a separate cause.
The deceased persons were unrelated and died at different times. The deceased Olango Oyoo was survived by the objectors/applicants whom the respondent failed to disclose or provide for. The respondent did not indicate his relationship with the deceased in form P&A 80, and the applicants state that he is not the son of the deceased. The applicants have indicated that the subordinate court entertained a cause whose subject matter was well in excess of Kshs. 100,000/=.
For all these reasons, the Grant issued herein is ordered revoked. The application is allowed with costs.
Dated, signed and delivered at Kisii this 3rd day of November, 2009
A.O.MUCHELULE
JUDGE
3/11/2009
3/11/2009
Before A.O.Muchelule-J
Mongare court clerk
Mr. Oguttu p-present
COURT: Ruling in open court.
A.O.MUCHELULE
JUDGE
3/11/2009