[2023] KEHC 24991 (KLR)
The court found that the petitioners failed to prosecute the succession cause with due diligence, as evidenced by their prolonged and unexplained delay in seeking confirmation of the grant issued on December 7, 2012. Despite the court's previous exercise of discretion to reinstate the matter after dismissal, the...
Source-derived case information.
- Citation
- [2023] KEHC 24991 (KLR)
- Parties
- Applicant: Tobias Ochieng Origa; Applicant: Joseph Odeny Origa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 02 of 2012
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant Due to Inordinate Delay and Non Prosecution
- Outcome
- grant revoked and file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, 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
Tobias Ochieng Origa
Applicant
Joseph Odeny Origa
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation of Grant Due to Inordinate Delay and Non Prosecution
Legal Issues
- 1 Whether the unexplained and inordinate delay in seeking confirmation of grant justifies revocation of the grant of letters of administration.
- 2 Whether the petitioners have demonstrated seriousness and diligence in prosecuting the succession cause.
- 3 Whether the grant issued on December 7, 2012 has become inoperative and should be annulled.
Ratio Decidendi
The court found that the petitioners failed to prosecute the succession cause with due diligence, as evidenced by their prolonged and unexplained delay in seeking confirmation of the grant issued on December 7, 2012. Despite the court's previous exercise of discretion to reinstate the matter after dismissal, the petitioners did not file the necessary summons for confirmation of grant within the stipulated period or at all. The absence of any recent action or appearance by the applicants, coupled with the lack of any explanation for the delay, led the court to conclude that the grant had become inoperative and useless. Accordingly, the court exercised its statutory power under Section 76...
Court Disposition
grant revoked and file closed
Orders
- The grant of letters of administration intestate issued on December 7, 2012 to Tobias Ochieng Origa and Joseph Odeny Origa is revoked and annulled.
- The revoked grant is recalled into court and cancelled.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Fanuel Origa Origa - Deceased (Succession Cause 02 of 2012) [2023] KEHC 24991 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24991 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 02 of 2012
RE Aburili, J
November 2, 2023
IN THE MATTER OF AN APPLICATION BY TOBIAS OCHIENG ORIGA AND JOSEPH ODENY ORIGA
Ruling
1. The last time that this matter was before a Judge and in the presence of parties was on February 17, 2020 when the court fixed the application for confirmation of grant for April 20, 2020 for hearing and directed all beneficiaries to attend court.
2. There is no record of what transpired on 20th April 2020 and it was not until May 15, 2023 that this court moved itself and issued parties with notice to appear on August 21, 2023.
3. On the latter date, none of the parties appeared. The matter was fixed for further directions today. Notices were sent to the applicants’ counsel’s advocate at Fida (K) Kisumu office Box 19219 but there is no response.
4. The last time that office wrote to court asking for status of this matter was vide letter dated June 25, 2019.
5. In my view, the petitioners are not serious with this matter which was initially dismissed on November 30, 2016 and it was not until May 15, 2018 that they filed an application for setting aside/review of the orders of dismissal of the petition and seeking for its reinstatement for hearing.
6. The court exercised discretion on June 28, 2018 and set aside the orders made on November 30, 2016 which had had the effect of revoking the grant and it gave the petitioners 30 days to file summons for confirmation of grant and again, it took the petitioners over one year until May 21, 2019 is when they filed what appears to be affidavit in support of summons for confirmation of grant, which summons I have combed through the court file but I have found none. There is no such summons for confirmation of grant placed on record.
7. There is obviously an unexplained inordinate delay in having the grant issued on 7/12/2012 confirmed. That grant has become inoperative and useless due to lapse of time without being confirmed and the deceased’s estate not being administered and distributed fully.
8. Consequently, the grant of letters of administration intestate issued on December 7, 2012 to Tobias Ochieng Origa and Joseph Odeny Origa is hereby revoked and annulled. The same is recalled into this court and cancelled.
9. Any person interested in the estate of the deceased Fanuel Origa Origa shall petition for a fresh grant for consideration by this court on merit.
10. This file is accordingly closed. Ruling to be typed forthwith.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE