[2024] KEHC 5758 (KLR)
The court found that the grant issued to the applicant had become useless and inoperative because the applicant failed to prosecute the summons for confirmation of grant for several years. Pursuant to Section 76(d)(i) of the Law of Succession Act, the court exercised its discretion to revoke and annul the grant. The...
Source-derived case information.
- Citation
- [2024] KEHC 5758 (KLR)
- Parties
- Applicant: Paul Abuto Osawa; Respondent: Estate of Daniel Osawa Nyabande (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1082 of 2014
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant
- Outcome
- Grant revoked and annulled; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Abuto Osawa
Applicant
Estate of Daniel Osawa Nyabande (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation of Grant
Legal Issues
- 1 Whether the grant issued to the applicant should be revoked due to failure to prosecute the summons for confirmation of grant.
Ratio Decidendi
The court found that the grant issued to the applicant had become useless and inoperative because the applicant failed to prosecute the summons for confirmation of grant for several years. Pursuant to Section 76(d)(i) of the Law of Succession Act, the court exercised its discretion to revoke and annul the grant. The court further held that the petitioner or other beneficiaries may only petition for a fresh grant, and ordered the file closed.
Court Disposition
Grant revoked and annulled; file closed.
Orders
- The grant issued to Paul Abuto Osawa is revoked and annulled pursuant to Section 76(d)(i) of the Law of Succession Act.
- The petitioner or other beneficiaries may only petition for a fresh grant.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Daniel Osawa Nyabande (Deceased) (Succession Cause 1082 of 2014) [2024] KEHC 5758 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5758 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1082 of 2014
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF DANIEL OSAWA NYABANDE (DECEASED)
AND
IN THE MATTER OF APPLICATION BY PAUL ABUTO OSAWA – PETITIONER/APPLICANT
Ruling
1. On 10th February, 2015, a grant was issued to Paul Abuto Osawa to administer the estate of Daniel Osawa Nyabande alias Osawa Nyabande, the deceased.
2. Summons for confirmation of grant were filed on 25th June 2018 but todate, there has been no prosecution of the same.
3. As the grant became useless and inoperational, it is hereby revoked and annulled pursuant to Section 76(d) (i) of Laws of Succession Act.
4. The Petitioner or other beneficiaries of the deceased’s estate can only petition for a fresh grant.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE