[2016] KEHC 6565 (KLR)
The court found that the applicants had been granted letters of administration intestate to the estate of the deceased in Busia Succession Cause No. 233 of 2009, with the grant issued on 3rd February 2010 and confirmed on 16th September 2013. The respondent was subsequently granted letters of administration in the...
Source-derived case information.
- Citation
- [2016] KEHC 6565 (KLR)
- Parties
- Applicant: George Okwara Omusa; Applicant: Joy Shiundu Wesonga; Respondent: Peter Mukhwana Opio
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 89 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- summons for revocation of grant allowed
- Legal Topics
- Revocation of Grant, Letters of Administration, Intestate Succession, Parallel Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Okwara Omusa
Applicant
Joy Shiundu Wesonga
Applicant
Peter Mukhwana Opio
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether two grants of letters of administration can subsist in respect of the same deceased person.
- 2 Whether the grant issued to the respondent should be revoked in light of an earlier grant to the applicants.
Ratio Decidendi
The court found that the applicants had been granted letters of administration intestate to the estate of the deceased in Busia Succession Cause No. 233 of 2009, with the grant issued on 3rd February 2010 and confirmed on 16th September 2013. The respondent was subsequently granted letters of administration in the present cause on 27th June 2013, more than two years after the applicants' grant. The court held that two grants cannot subsist in respect of the same deceased person. Since the respondent's grant was issued later, it was revoked. The court further noted that if the respondent was dissatisfied with the orders in the earlier cause, the proper procedure was to challenge them in...
Court Disposition
summons for revocation of grant allowed
Orders
- The grant of letters of administration issued to the respondent is revoked.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
SUCCESSION CAUSE NO. 89 OF 2014
IN THE MATTER OF THE ESTATE STEPHEN OMUSE NDUBI-----DECEASED
AND
GEORGE OKWARA OMUSA ------------------------------------------------------------1ST APPLICANT
JOY SHIUNDU WESONGA--------------------------------------------------------------2ND APPLICANT
VERSUS
PETER MUKWANA--------------------------------------------------------------------------RESPONDENT
RULING
1. Stephen Omuse Ndubi (the Deceased) died Intestate on 7th June 1985. In these proceedings, Peter Mukhwana Opio (The Respondent) was granted the Letters of Administration to the Deceased’s Estate on 27th June 2013.
2. In an Affidavit sworn on 3rd June 2015, and whose contents are not controverted, George Okwara Omusa (The 1st Applicant) now tells Court that he and Joy S. Wesonga had already, on 3rd February 2010, been issued with Letters of Administration Intestate to the Estate of the Deceased and that Grant confirmed on 16th September 2013 in Busia Succession Cause No. 233 of 2009. It is deponed that the 1st Applicant is the son to the Deceased and the 2nd Applicant a granddaughter. The Applicants are desirous that the Grant made to the Respondent be revoked.
3. That Summons of 3rd June 2015, is not opposed. And as earlier noted, the contents of the Affidavit of the Applicants are not challenged. I believe them as copies of The Grant and Certificate of Confirmation made in Busia Succession Cause NO. 233 of 2013 are annexed to Affidavit. This belief is fortified because I have seen the Originals in the Court file which I called for my perusal.
4. The Proceedings in Busia Succession Cause No. 233 of 2009 commenced on 17th August 2009. Grant therein was issued on 3rd February 2010. That would be over 2 years before the current proceedings were presented. Two Grants cannot be made in respect to one Deceased person. I therefore Revoke the latter one. If the Respondent is displeased with the Orders issued in Cause No. 233 of 2009, then he should challenge them in that Cause. The solution is not to commence and pursue parallel proceedings.
5. The Summons of 3rd June 2015 is allowed as prayed. Costs to the Applicants.
Dated, signed and delivered at Busia this 24th day of February 2016.
F. TUIYOTT
J U D G E
In the presence of:-
Orwasa - C/Clerk
Wanyama h/b for Jumba -.for the Applicants
Peter Mukwana (Respondent) present in person