[2022] KEHC 2146 (KLR)
The court held that since the objector died and no steps were taken to substitute him for over four years, the objection to the confirmation of grant had abated. Consequently, the application could not proceed, and the grant was issued to the petitioner without orders as to costs.
Source-derived case information.
- Citation
- [2022] KEHC 2146 (KLR)
- Parties
- Objector: Charles Andrew Mboya; Petitioner: Daniel Ojijo Ogwel
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 835 of 2015
- Procedural Posture
- Probate and Administration / Ruling on Objection to Confirmation of Grant
- Outcome
- Objection abated; grant confirmed to petitioner.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Andrew Mboya
Objector
Daniel Ojijo Ogwel
Petitioner
Procedural Posture
Probate and Administration / Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether the objection to the confirmation of grant is sustainable after the death of the objector and in the absence of substitution.
- 2 Whether the grant should be confirmed in light of the objections raised.
Ratio Decidendi
The court held that since the objector died and no steps were taken to substitute him for over four years, the objection to the confirmation of grant had abated. Consequently, the application could not proceed, and the grant was issued to the petitioner without orders as to costs.
Court Disposition
Objection abated; grant confirmed to petitioner.
Orders
- The objection to confirmation of grant is deemed abated.
- The grant is issued to the petitioner.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
PROBATE & ADMINSTRATION NO.835 OF 2015
IN THE MATTER OF THE ESTATE OF:ANDREW OGWEL.......................................................... DECEASED
BETWEEN
CHARLES ANDREW MBOYA............................................................... OBJECTOR
AND
DANIEL OJIJO OGWEL..................................................................... PETITIONER
RULING
1. On 20th September, 2016, Charles Andrew Mboya filed an objection to the confirmation of grant dated 19th September, 2016. The objection was premised on the following grounds:
a) That the petitioner did not receive consent of the family members.
b) That the guarantors were complete strangers.
c) That the succession cause was secretly filed.
d) That some beneficiaries were left out.
e) That strangers were included as beneficiaries.
2. The objector passed on before the objection could be heard and determined. The court was informed about his demise on 24th February, 2018. It is over four years now and no steps have been taken to substitute him.
3. I therefore find that the application has abated.
4. The grant is issued to the petitioner with no orders as to costs.
DELIVERED AND SIGNED AT HOMA BAYTHIS 8TH DAY OF FEBRUARY, 2022
KIARIE WAWERU KIARIE
JUDGE