[2023] KEHC 19372 (KLR)
The court held that section 76 of the Law of Succession Act only empowers the court to revoke grants of representation, not certificates of confirmation of grant. Since the certificate is merely a document extracted from confirmation orders, revoking it would have no legal effect unless the underlying confirmation...
Source-derived case information.
- Citation
- [2023] KEHC 19372 (KLR)
- Parties
- Applicant: Thomas Obore Okiya; Respondent: Administrator (unnamed)
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 87 of 1994
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Revocation of Grant, Law of Succession Act, Confirmation of Grant, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Obore Okiya
Applicant
Administrator (unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the court can revoke a certificate of confirmation of grant under section 76 of the Law of Succession Act.
- 2 Whether an application for revocation of a certificate of confirmation of grant is competent in law.
Ratio Decidendi
The court held that section 76 of the Law of Succession Act only empowers the court to revoke grants of representation, not certificates of confirmation of grant. Since the certificate is merely a document extracted from confirmation orders, revoking it would have no legal effect unless the underlying confirmation orders are also set aside. Therefore, the application for revocation of the certificate of confirmation of grant was misconceived and incompetent, warranting dismissal.
Court Disposition
application dismissed
Orders
- The summons for revocation of grant dated August 19, 2019 is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Alex Okiya Obore (Deceased) (Succession Cause 87 of 1994) [2023] KEHC 19372 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19372 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 87 of 1994
WM Musyoka, J
June 30, 2023
Ruling
1. I am tasked with determining a summons for revocation of grant, dated August 19, 2019. It is brought at the instance of Thomas Obore Okiya, who I shall refer hereto as the applicant. The applicant seeks revocation of a certificate of confirmation of grant.
2. The orders sought in the said application are not available for making. Firstly, the discretion given to the court, by section 76 of the Law of Succession Act, cap 160, Laws of Kenya, is for revocation of grants of representation, and a certificate of confirmation of grant is not a grant of representation.
3. Secondly, section 76 of the Law of Succession Act has nothing to do with certificates of confirmation of grant. The only time confirmation is relevant, for the purposes of section 76, is when the administrator has failed to apply for confirmation of his grant within the timelines set by the law, according to section 76(d)(i).
4. Thirdly, a certificate of confirmation of grant is a court document generated or extracted from confirmation orders. Revoking the certificate would be an exercise in futility, so long as the confirmation orders, from which it is generated, are not vacated or set aside. Revocation of a certificate would have no effect on the orders. In this case, the confirmation orders were made on July 29, 2007, and revoking the certificate of confirmation of grant would leave the orders of July 29, 2007 intact.
5. I believe I have said enough, to demonstrate that the application, dated August 19, 2019, is misconceived and a non-starter. It exists for dismissal, and I hereby dismiss it.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS…….……30TH…….......….DAY OF……………….…JUNE………..…..….2023WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AppearancesMr. Omeri, instructed by Omeri & Company, Advocates for the applicant.Mr. Manwari, instructed by Manwari & Company, Advocates for the administrator.