[2024] KEHC 13748 (KLR)
The court held that since the grant issued in Succession Cause No. 1058 of 2015 had already been revoked and rendered inoperative, there was no grant in existence that could be confirmed or for which time could be extended to confirm. The application for extension of time was therefore without merit and was...
Source-derived case information.
- Citation
- [2024] KEHC 13748 (KLR)
- Parties
- Applicant: Gladys Mideche Olunyu; Applicant: Bonfas Odhiambo Olewe; Respondent: Estate of Charles Otuge Odongo; Respondent: Estate of Absalom Olewe Odongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E074 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Extension of Time to Confirm Grant
- Outcome
- application dismissed; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Revocation of Grant, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Mideche Olunyu
Applicant
Bonfas Odhiambo Olewe
Applicant
Estate of Charles Otuge Odongo
Respondent
Estate of Absalom Olewe Odongo
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Extension of Time to Confirm Grant
Legal Issues
- 1 Whether the court can extend time to confirm a grant that has already been revoked.
- 2 Whether succession proceedings can be undertaken jointly for two separate estates.
Ratio Decidendi
The court held that since the grant issued in Succession Cause No. 1058 of 2015 had already been revoked and rendered inoperative, there was no grant in existence that could be confirmed or for which time could be extended to confirm. The application for extension of time was therefore without merit and was dismissed. Additionally, the court clarified that succession proceedings cannot be conducted jointly for two deceased persons, even if their properties were co-owned, and directed that separate petitions be filed for each estate. The file was ordered closed, and the applicants were advised to petition afresh for new grants for each estate.
Court Disposition
application dismissed; file closed
Orders
- The application dated 24th September 2024 is dismissed.
- Petitioners to obtain this ruling and proceed to petition for a fresh grant for the estate of Charles Otuge Odongo.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Charles Otuge Odongo & Absalom Olewe Odongo (Deceased) (Miscellaneous Succession Cause E074 of 2024) [2024] KEHC 13748 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13748 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E074 of 2024
RE Aburili, J
November 6, 2024
IN THE MATTER OF THE ESTATE OF CHARLES OTUGE ODONGO and ABSALOM OLEWE ODONGO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GLADYS MIDECHE OLUNYU and BONFAS ODHIAMBO OLEWE (APPLICANTS/PETITIONERS) (Arising from Kisumu HC Succession Cause No. 1058 of 2015)
Ruling
1. The grant issued in Succession Cause No. 1058 of 2015 on 17th March 2016 was revoked on 30th May 2018 by F. A. Ochieng J under Section 76 (d) (i) of the Law of Succession Act and the matter closed as no steps had been taken by the Petitioners to apply for confirmation of the said grant which had long then become inoperative and useless.
2. The applicants are by their application dated 24th September 2024 seeking for extension of time to file application for confirmation of the grant.
3. As stated above, the grant was revoked and therefore there is nothing to be confirmed by extension of time.
4. Accordingly, the application dated 24th September 2024 is found to be without merit and the same is dismissed.
5. The Petitioners to get this Ruling and proceed to petition for a fresh grant to administer the estate of the deceased Charles Otuge Odongo.
6. I also note that there are two deceased persons in the cause herein being Charles Otuge Odongo and Absalon Olewe Odongo.
7. From the onset, succession cannot be undertaken for two estates jointly. The estates are different even if the properties were co-owned. The family should therefore petition for two separate estates of the two deceased persons for administration of the said estates.
8. This file is closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF NOVEMBER, 2024. R. E. ABURILIJUDGE