[2023] KEHC 24993 (KLR)

[2023] KEHC 24993 (KLR)

The court found that the summons for confirmation of grant had not been prosecuted since its filing in 2019 and that not all beneficiaries of the estate were provided for. The grant had therefore become inoperative and useless. In accordance with the Law of Succession Act, the court exercised its discretion to...

Source-derived case information.

Citation
[2023] KEHC 24993 (KLR)
Parties
Applicant: Edward Oula Obura
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 1097 of 2013
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Revocation of Grant
Outcome
summons for confirmation of grant dismissed; grant revoked; file closed
Judges
RE Aburili
Legal Topics
Succession, Confirmation of Grant, Revocation of Grant
Source Language
en
Family and Children Succession Confirmation of Grant Revocation of Grant

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Parties

Edward Oula Obura

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant and Revocation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant should be allowed in light of non-prosecution and lack of provision for all beneficiaries.
  2. 2 Whether the grant issued has become inoperative and should be revoked.

Ratio Decidendi

The court found that the summons for confirmation of grant had not been prosecuted since its filing in 2019 and that not all beneficiaries of the estate were provided for. The grant had therefore become inoperative and useless. In accordance with the Law of Succession Act, the court exercised its discretion to revoke the grant and dismissed the application for confirmation. The court further directed that any interested beneficiary may petition for a fresh grant before the lower court, given the value of the estate property.

Court Disposition

summons for confirmation of grant dismissed; grant revoked; file closed

Orders

  • The summons for confirmation of grant dated March 6, 2019 is dismissed.
  • The grant issued to Edward Oula Obura is revoked as it has become inoperative and useless.