[2015] KEHC 711 (KLR)
The court found that since the application for revocation and annulment of the grant was not opposed by any of the respondents, and their advocate confirmed representation and lack of opposition, there was no reason to deny the application. The court allowed the application as prayed, but expressly ordered that the...
Source-derived case information.
- Citation
- [2015] KEHC 711 (KLR)
- Parties
- Applicant: George Oduor Oloko; Respondent: Gabriel Simali Wesonga; Respondent: Thomas Oduodi Simali; Respondent: Mathew Oduori Simali; Respondent: Michael Simali; Respondent: Margaret Awino Osingo; Respondent: Rose Maende Simali; Respondent: Mary Simali; Respondent: Bonventure Chesa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 397 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation or Annulment of Grant
- Outcome
- Application allowed as prayed, with protective directions regarding status quo.
- Legal Topics
- Revocation of Grant, Letters of Administration, Rectification of Land Register, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Oduor Oloko
Applicant
Gabriel Simali Wesonga
Respondent
Thomas Oduodi Simali
Respondent
Mathew Oduori Simali
Respondent
Michael Simali
Respondent
Margaret Awino Osingo
Respondent
Rose Maende Simali
Respondent
Mary Simali
Respondent
Bonventure Chesa
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation or Annulment of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to Helena Otsieno Simali should be revoked and annulled.
- 2 Whether the applicant/objector should be issued with the grant of letters of administration for the estate of Oloko Munika.
- 3 Whether the land register for parcel MARACHI/KINGANDOLE/1275 should be rectified to remove Helena Otsieno Simali's name and distribution determined afresh.
Ratio Decidendi
The court found that since the application for revocation and annulment of the grant was not opposed by any of the respondents, and their advocate confirmed representation and lack of opposition, there was no reason to deny the application. The court allowed the application as prayed, but expressly ordered that the orders granted should not be used to alter the status quo on the ground, nor to threaten, evict, or interfere with any person in possession or use of the land parcel MARACHI/KINGANDOLE/1275 at the time of the ruling. The court thus prioritized procedural fairness and protection of current occupants pending further determination of distribution.
Court Disposition
Application allowed as prayed, with protective directions regarding status quo.
Orders
- The grant of letters of administration in respect of the estate of Oloko Munika issued to Helena Otsieno Simali is revoked and annulled.
- A grant of letters of administration in respect of the estate of Oloko Munika to be issued to the applicant/objector.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
SUCCESSION CAUSE NO. 397 OF 2013
IN THE MATTER OF THE ESTATE OF OLOKO MUNIKA---------------------------------------------------------------------------------DECEASED
AND
GEORGE ODUOR OLOKO-------------------APPLICANT/OBECTOR
VERSUS
GABRIEL SIMALI WESONGA
THOMAS ODUODI SIMALI
MATHEW ODUORI SIMALI
MICHAEL SIMALI -----------------------------------RESPONDENTS
MARGARET AWINO OSINGO
ROSE MAENDE SIMALI
MARY SIMALI
BONVENTURE CHESA
RULING
Before this Court is Summons for Revocation or Annulment of Grant dated 14th August 2014 in which the Applicant seeks the following prayers:-
That the grant of letters of administration in respect of the estate of OLOKO MUNIKA issued to HELENA OTSIENO SIMALI vide Busia SPM Succession Cause No. 81 of 1987 be revoked and annulled.
That the grant of letters of administration in respect of the estate of OLOKO MUNIKA be issued to the objector/Applicant.
That pursuant to prayer (a) above the register of land parcel number MARACHI/KINGANDOLE/1275 be rectified by striking off the name of HELENA OTSIENO SIMALI at entries No. 2, 3, & 4 dated 24. 5.1989 and the distribution of parcel No. MARACHI/KINGANDOLE/1275 aforementioned amongst all persons beneficially entitled thereto be determined through the cause hearing being succession cause No. 81 of 1987 currently registered asP & A No. 397 of 2013.
That costs of the proceedings be provided for.
The Application is not opposed by the Respondents notwithstanding that they are all represented by Ipapu P. Jackson & Co. Advocates. But because the nature of the orders sought are drastic, I postpone the writing of this decision so as to confirm from Mr. Ipapu that he indeed represented all the Respondents. On 25th November 2015, Mr. Ipapu told Court.
“I confirm that I represent all 8 Respondents and the Court can proceed to render its decision”.
As the Application is not opposed, I would have no reason not to allow it. I allow it as prayed. But state that the orders shall not be used by the Applicant or any other person to change or affect the status quo on the ground. The orders shall not be used to threaten or evict or in any other way to interfere with the possession of any person who may be occupying or using Marachi/Kingandole/1275 at the time of delivery of this Ruling.
Dated, signed and delivered at Busia this 16th day of December 2015.
F. TUIYOTT
J U D G E
In the presence of :-
…………………………..C/Assistant
……………………………for the Objector
……………………………for the Respondents