[2023] KEHC 23507 (KLR)
The court allowed the withdrawal of the application dated 2nd September 2022. It found that the grant had already been revoked on 9th April 2018 under Section 76(d)(i) of the Law of Succession Act because it had become inoperational and useless, as no action had been taken to confirm the grant for over four years....
Source-derived case information.
- Citation
- [2023] KEHC 23507 (KLR)
- Parties
- Applicant: Andrew Ndetta Ambayi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 756 of 2013
- Procedural Posture
- Succession Cause / Ruling on Withdrawal of Application and Closure of File
- Outcome
- Application withdrawn, file closed, beneficiaries to petition afresh.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Ndetta Ambayi
Applicant
Procedural Posture
Succession Cause / Ruling on Withdrawal of Application and Closure of File
Legal Issues
- 1 Whether the application dated 2nd September 2022 should be withdrawn.
- 2 Whether the grant issued in respect of the estate had become inoperational and should be revoked.
- 3 Whether there is any matter left for prosecution in the succession cause.
Ratio Decidendi
The court allowed the withdrawal of the application dated 2nd September 2022. It found that the grant had already been revoked on 9th April 2018 under Section 76(d)(i) of the Law of Succession Act because it had become inoperational and useless, as no action had been taken to confirm the grant for over four years. Consequently, there was nothing left to prosecute in the file, and the court ordered the file closed. The beneficiaries were directed to petition for a fresh grant if they wished to proceed further.
Court Disposition
Application withdrawn, file closed, beneficiaries to petition afresh.
Orders
- The application dated 2nd September 2022 is marked as wholly withdrawn.
- There is nothing to be prosecuted on this file which is closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Ambayi Anjiehere Omukhumu alias Ambayi Anjele (Deceased) (Succession Cause 756 of 2013) [2023] KEHC 23507 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23507 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 756 of 2013
RE Aburili, J
October 4, 2023
IN THE MATTER OF THE ESTATE OF AMBAYI ANJIEHERE OMUKHUMU alias AMBAYI ANJELE (DECEASED) AND
In the matter of
Andrew Ndetta Ambayi
Petitioner
Ruling
1. On application by the Applicant, the application dated 2nd September 2022 be and is hereby marked as wholly withdrawn.
2. On the application for confirmation of grant dated 27th January 2014, I observe that on 9th April 2018, E. Maina J revoked the grant under Section 76(d) (i) of the Law of Succession Act as the grant had become inoperational and useless as no action had been taken to have it confirmed and 4 years had lapsed since the summons for confirmation of grant had been filed but not prosecuted.
3. Accordingly, there is nothing to be prosecuted on this file which is closed.
4. The beneficiaries of the estate of the deceased to petition for a fresh grant.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE