[2023] KEHC 25672 (KLR)
The court found that the grant issued to Pamela Akoth Olima in 1997 had become inoperational due to lack of confirmation and action for over two decades. The grant was revoked and annulled in 2015, and no serious steps were taken to revive or prosecute the application for revival. The court held that it cannot...
Source-derived case information.
- Citation
- [2023] KEHC 25672 (KLR)
- Parties
- Applicant: Pamela Akoth Olima
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 322 of 1996
- Procedural Posture
- Succession Cause / Ruling on Status of Grant and Closure of File
- Outcome
- The grant remains revoked and the file is closed. Any interested party may petition for a fresh grant.
- Judges
- RE Aburili
- Legal Topics
- Grant of Representation, Revocation of Grant, Confirmation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Akoth Olima
Applicant
Procedural Posture
Succession Cause / Ruling on Status of Grant and Closure of File
Legal Issues
- 1 Whether the grant issued to Pamela Akoth Olima should be confirmed or remains valid.
- 2 Whether the court can revive a revoked grant of representation.
- 3 What steps should be taken regarding the administration of the estate after prolonged inactivity.
Ratio Decidendi
The court found that the grant issued to Pamela Akoth Olima in 1997 had become inoperational due to lack of confirmation and action for over two decades. The grant was revoked and annulled in 2015, and no serious steps were taken to revive or prosecute the application for revival. The court held that it cannot revive a revoked grant and that any interested party must petition afresh for a new grant of representation. The prolonged inactivity justified closure of the file to prevent further backlog and inefficiency in the administration of justice.
Court Disposition
The grant remains revoked and the file is closed. Any interested party may petition for a fresh grant.
Orders
- Any person interested in the estate of Cosmas Olima Raburu is at liberty to petition for a fresh grant of representation.
- The file is closed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Cosmas Olima Raburu – Deceased (Succession Cause 322 of 1996) [2023] KEHC 25672 (KLR) (21 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25672 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 322 of 1996
RE Aburili, J
November 21, 2023
IN THE MATTER OF THE ESTATE OF COSMAS OLIMA RABURU – DECEASED AND IN THE MATTER OF AN APPLICATION BY PAMELA AKOTH OLIMA
Ruling
1. This cause was filed in 1996 and a grant issued on March 17, 1997 to Pamela Akoth Olima to administer the estate of the deceased Cosmas Olima Raburu.
2. No efforts have been made to have that grant confirmed. The grant effectively became inoperational and useless. The same was revoked and annulled on the court’s own motion on August 12, 2015. The attempt to revive the revoked grant was made but no efforts were made to prosecute the application meaning the applicant has never been serious with the administration of the estate of the deceased which then makes this court have excessive backlog. The proceedings herein have been lying in this court for twentysix years which is not a short period of time.
3. Any person interested in the estate of the deceased Cosmas Olima Raburu is therefore at liberty to petition for a fresh grant of representation as the court cannot revive the revoked grant.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE