[2024] KEHC 2150 (KLR)
The court found that since the grant of letters of administration intestate issued to the applicants was revoked for want of confirmation and no application had been made to set aside or review the revocation order, the matter could not proceed further. Accordingly, the court ordered the file to be closed, marking...
Source-derived case information.
- Citation
- [2024] KEHC 2150 (KLR)
- Parties
- Applicant: Maxwell Otieno Masime Filex; Applicant: Doreen Akinyi Oduol
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 956 of 2014
- Procedural Posture
- Succession Cause / Ruling on Closure of File After Revocation of Grant
- Outcome
- The file is marked as closed following revocation of the grant and absence of any application to set aside or review the revocation order.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Letters of Administration, Revocation of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maxwell Otieno Masime Filex
Applicant
Doreen Akinyi Oduol
Applicant
Procedural Posture
Succession Cause / Ruling on Closure of File After Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should remain revoked for want of confirmation.
- 2 Whether the file should be closed in the absence of an application to set aside or review the revocation order.
Ratio Decidendi
The court found that since the grant of letters of administration intestate issued to the applicants was revoked for want of confirmation and no application had been made to set aside or review the revocation order, the matter could not proceed further. Accordingly, the court ordered the file to be closed, marking the end of the proceedings regarding the estate of Hellen Adhiambo Masime.
Court Disposition
The file is marked as closed following revocation of the grant and absence of any application to set aside or review the revocation order.
Orders
- The file is hereby marked as closed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Hellen Adhiambo Masime (Deceased) (Succession Cause 956 of 2014) [2024] KEHC 2150 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2150 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 956 of 2014
RE Aburili, J
March 4, 2024
IN THE MATTER OF THE ESTATE OF HELLEN ADHIAMBO MASIME – DECEASED AND IN THE MATTER OF APPLICATION BY MAXWELL OTINEO MASIME FILEX AND DOREEN AKINYI ODUOL – PETITIONERS
Ruling
1. In this matter, the estate is that of Hellen A. Masime, deceased. The Petition was lodged by Maxwell Otieno Masime Filex and Doreen Akinyi Oduol, for a grant of letters of administration Intestate on 9th October 2014.
2. It was gazetted on 28th November 2014 vide Gazette Notice No. 3270 of 28th November 2014. A grant was issued on 19th January 2015 by Hon. H. K. Chemitei J.
3. On 18th June 2018, that grant was revoked under Section 76(d) (i) of the Law of Succession Act for want of confirmation and this action was taken upon notice being issued to the Applicants/Petitioners.
4. There has been no application to set aside or review that order of revocation hence the file must be closed and the same is hereby marked as closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF MARCH, 2024R. E. ABURILIJUDGE