[2023] KEHC 26152 (KLR)
The court found that the administrator, Charles Ondu Deya, failed to disclose substantial parts of the estate and did not distribute the estate as required. The pending summons for revocation of grant was not prosecuted, and no consent for redistribution was filed by the beneficiaries. The grant issued on 26th...
Source-derived case information.
- Citation
- [2023] KEHC 26152 (KLR)
- Parties
- Applicant: Charles Ondu Deya; Respondent: Moses Owiti Deya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 140 of 2011
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation and Confirmation of Grant
- Outcome
- Grant revoked; applications dismissed; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Revocation of Grant, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Charles Ondu Deya
Applicant
Moses Owiti Deya
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation and Confirmation of Grant
Legal Issues
- 1 Whether the grant issued to Charles Ondu Deya on 26th October 2011 should be revoked due to non-disclosure of all estate assets and lack of prosecution of pending applications.
- 2 Whether the summons for revocation of grant dated 4th May 2014 and the summons for confirmation of grant dated 12th September 2023 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the administrator, Charles Ondu Deya, failed to disclose substantial parts of the estate and did not distribute the estate as required. The pending summons for revocation of grant was not prosecuted, and no consent for redistribution was filed by the beneficiaries. The grant issued on 26th October 2011 was deemed inoperative and useless. Consequently, the court revoked the grant, dismissed the unprosecuted applications, and directed the family to petition for a fresh grant listing all assets and beneficiaries.
Court Disposition
Grant revoked; applications dismissed; file closed.
Orders
- The grant issued on 26th October 2011 to Charles Ondu Deya is revoked as inoperative and useless.
- The summons for revocation of grant dated 4th May 2014 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Edward Deya Onyango (Deceased) (Succession Cause 140 of 2011) [2023] KEHC 26152 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26152 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 140 of 2011
RE Aburili, J
November 27, 2023
IN THE MATTER OF THE ESTATE OF EDWARD DEYA ONYANGO – DECEASED
AND
IN THE MATTER OF AN APPLICATION BY CHARLES ONDU DEYA – PETITIONER/ADMINISTRATOR
Ruling
1. On 13th October 2023, the Applicant was represented by John Onyango Deya who stated that the Applicant was unwell. The court directed that all beneficiaries sign a consent on the re-distribution of the estate and that they attend court today.
2. There is no appearance today and no consent has been filed.
3. I observe that the Administrator left out of the succession cause substantial part of the estate claiming that he did not know about it.
4. The grant was obtained on 26th October 2011. There is no evidence of distribution of the estate of the deceased as there is a pending summons for revocation of the grant by Moses Owiti Deya. It is dated 4th May 2014. The same has not been prosecuted todate.
5. I hereby dismiss the summons for revocation of grant dated 4th May 2014 and proceed to revoke the grant issued on 26th October 2011 to the administrator herein Charles Ondu Deya as the said grant is inoperative and useless.
6. The family of the deceased Edward Deya Onyango to petition for a fresh grant and list all assets of the deceased’s estate and all beneficiaries who are entitled thereto.
7. Consequently, the summons for confirmation of grant dated 12th September 2023 is also dismissed for want of prosecution and this file closed.
8. This ruling to be typed forthwith.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF NOVEMBER, 2023R. E. ABURILIJUDGE