[2018] KEHC 7015 (KLR)
The court found that the respondents, having signed an agreement concerning the estate of Yakobet Obwori Obwana, could not validly deny knowledge of the deceased. The court held that the issues raised by the respondents could not be adjudicated at this stage and ordered the respondents to file a succession cause in...
Source-derived case information.
- Citation
- [2018] KEHC 7015 (KLR)
- Parties
- Applicant: Francis Ouma Odero; Respondent: Wafula Obwana; Respondent: Mangeni Obwana
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 182 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed with orders
- Judges
- KW Kiarie
- Legal Topics
- Probate and Administration, Citation Proceedings, Estate of Deceased, Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ouma Odero
Applicant
Wafula Obwana
Respondent
Mangeni Obwana
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the respondents are obliged to file a succession cause in respect of the estate of Yakobet Obwori Obwana, deceased.
- 2 Whether the respondents' denial of knowledge of the deceased is valid in light of the agreement signed by them.
Ratio Decidendi
The court found that the respondents, having signed an agreement concerning the estate of Yakobet Obwori Obwana, could not validly deny knowledge of the deceased. The court held that the issues raised by the respondents could not be adjudicated at this stage and ordered the respondents to file a succession cause in respect of their mother’s estate within 60 days. Failure to do so would entitle the applicant to seek further orders from the court. Costs were awarded to the applicant.
Court Disposition
application allowed with orders
Orders
- The respondents are ordered to file a succession cause in respect of their mother’s estate within 60 days.
- If the respondents fail to comply, the applicant is at liberty to move the court appropriately.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISCELLANEOUS APPLICATION NO. 182 OF 2015
FRANCIS OUMA ODERO.........................CITOR/ APPLICANT
VERSUS
WAFULA OBWANA
MANGENI OBWANA.........................CITEES/ RESPONDENTS
RULING
1. After the respondents were served with a citation requiring them to accept or refuse to file a succession cause in respect of the estate of Yakobet Obwori Obwana, deceased, their first reaction was to deny any knowledge of the deceased. They filed an affidavit dated 29th January 2016 to that effect. However, an undertaking by Mangeni Obwana Aringo dated 21st January 2016 was filed on 18th February 2016.
2. There are issues that have been pointed out by the citees which cannot be adjudicated at this stage. The two respondents signed the agreement in which the citor is basing this application on.
3. I therefore order that the citees to file a succession cause in respect of their mother’s estate within 60 days failure of which the citor may be at liberty to move the court appropriately. Costs of the application to the citor.
DELIVEREDandSIGNEDatBUSIAthis 8thdayof May, 2018
KIARIE WAWERU KIARIE
JUDGE