[2024] KEHC 15579 (KLR)
The court found that the delay in applying for confirmation of the grant was reasonably explained by the respondent, who cited the deaths of two beneficiaries and the need for their substitution. The applicant's grievances were found to be motivated by self-interest rather than genuine concern for the administration...
Source-derived case information.
- Citation
- [2024] KEHC 15579 (KLR)
- Parties
- Applicant: Moses Otieno Akuku; Respondent: Peterson Clement Akuku
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E002 of 2022
- Procedural Posture
- Probate and Administration / Ruling on Summons for Revocation of Grant
- Outcome
- Application for revocation of grant dismissed.
- Judges
- KW Kiarie
- Legal Topics
- Succession Procedure, Revocation of Grant, Confirmation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Otieno Akuku
Applicant
Peterson Clement Akuku
Respondent
Procedural Posture
Probate and Administration / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation should be revoked for failure to proceed diligently with administration of the estate.
- 2 Whether the failure to apply for confirmation of grant within one year justifies revocation.
- 3 Whether threats of eviction by the administrator before confirmation of grant warrant revocation.
Ratio Decidendi
The court found that the delay in applying for confirmation of the grant was reasonably explained by the respondent, who cited the deaths of two beneficiaries and the need for their substitution. The applicant's grievances were found to be motivated by self-interest rather than genuine concern for the administration of the estate. The court held that the explanation for the delay was not denied and did not amount to a failure to proceed diligently. Therefore, the application for revocation of the grant lacked merit. The court directed the administrator to file the necessary application for confirmation within 30 days, failing which beneficiaries may seek further orders.
Court Disposition
Application for revocation of grant dismissed.
Orders
- Administrator to file application for confirmation of grant within 30 days of the ruling.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Asentus Akuku Ogwella (Deceased) (Probate & Administration E002 of 2022) [2024] KEHC 15579 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15579 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Probate & Administration E002 of 2022
KW Kiarie, J
December 3, 2024
IN THE MATTER OF THE ESTATE OF: ASENTUS AKUKU OGWELLA (DECEASED)
Between
Moses Otieno Akuku
Applicant
and
Peterson Clement Akuku
Respondent
Ruling
1. Moses Otieno Akuku, the applicant herein, moved the court by way of summons for revocation of the grant dated the 27th day of August 2024. The application was brought under sections 76 (d) (i) & (ii) of the Law of Succession Act & Rule 44(1) & (2) of the Succession Rules. The firm P.R. Ojala & Company Advocates represented him.
2. The application is premised on the following grounds:a.That the petitioner has failed to proceed diligently with the administration of the estate.b.That the petitioner failed to apply for the confirmation of the grant within one year from the date of issue of the grant.c.That the petitioner has been threatening other beneficiaries, especially the applicant herein, with the eviction from the estate of the deceased even though the grant has not been confirmed and the estate has not been distributed.d.The petitioner failed to convene a meeting with all the beneficiaries so that they could agree on how the estate should be distributed.
3. The respondent was in person. He opposed the application and contended that it lacked merits.
4. This succession cause was filed in court on July 14, 2022, and the grant was issued on November 30, 2022. At the time of filing this application, no application for the confirmation of grant had been filed. The applicant has contended that it has taken longer than is necessary.
5. The respondent has explained why it has taken him this long to do what is necessary. Some two beneficiaries passed on, and he was required to substitute them, but before he could apply, he was served with the current application.
6. Upon my perusal of the supporting affidavits by both the applicant and the respondent, it emerges that there are some differences over some property. This can only be addressed by distribution after the grant has been confirmed. Consequently, I find that the application is actuated by self-interest.
7. The explanation that the deaths of some of the beneficiaries contributed to the delay has not been denied. Therefore, the application lacks merits.
8. To speed up the process, I am directing the administrator to file the necessary application within 30 days of this ruling, failure of which the beneficiaries may move the court appropriately.
9. Each party is to bear its costs.
DELIVERED AND SIGNED AT HOMA BAY THIS 3RDDAY OF DECEMBER 2024KIARIE WAWERU KIARIEJUDGE