[2024] KEHC 6845 (KLR)
The court held that once a grant of letters of administration has been revoked under Section 76(d)(i) of the Law of Succession Act, it becomes inoperative and cannot be revived for any purpose. The application seeking to revive the revoked grant was therefore dismissed. The court further clarified that the...
Source-derived case information.
- Citation
- [2024] KEHC 6845 (KLR)
- Parties
- Petitioner: Kennedy Atigala Lubanga; Applicant: Anne Naiga Lubang’A
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E029 of 2024
- Procedural Posture
- Succession Cause / Ruling on Application to Revive Grant
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Confirmation of Grant, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Atigala Lubanga
Petitioner
Anne Naiga Lubang’A
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Revive Grant
Legal Issues
- 1 Whether the court can revive a grant of letters of administration that was revoked under Section 76(d)(i) of the Law of Succession Act.
- 2 Whether the beneficiaries are barred from filing a fresh petition for grant of letters of administration intestate after revocation of the previous grant.
Ratio Decidendi
The court held that once a grant of letters of administration has been revoked under Section 76(d)(i) of the Law of Succession Act, it becomes inoperative and cannot be revived for any purpose. The application seeking to revive the revoked grant was therefore dismissed. The court further clarified that the beneficiaries are at liberty to file a fresh petition for grant of letters of administration intestate before the court with geographical jurisdiction over the deceased's domicile, as the doctrine of res judicata does not apply to succession causes in such circumstances.
Court Disposition
application dismissed
Orders
- The application dated 8th May 2024 seeking to revive Succession No. 767 of 2014 is dismissed.
- Beneficiaries are at liberty to file a fresh petition for grant of letters of administration intestate before Vihiga Law Courts.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Hezekia Lubanga Lihanda (Deceased) (Succession Cause E029 of 2024) [2024] KEHC 6845 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6845 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E029 of 2024
RE Aburili, J
June 5, 2024
Between
Kennedy Atigala Lubanga
Petitioner
and
Anne Naiga Lubang’A
Applicant
Ruling
1. This Succession Cause file arises from P&A No. 767 of 2014.
2. A grant was issued on 21st September 2015 which was never confirmed as no summons for confirmation were filed and prosecuted.
3. On 28th May 2018, that grant was revoked under Section 76(d) (i) of the Law of Succession Act.
4. The grant became inoperative and useless. It cannot be revived for whatever purposes. I decline to grant the orders in the application dated 8th May 2024 seeking to revive the Succession No. 767 of 2014 and dismiss the application.
5. As succession causes can be filed afresh without plea of res judicata, the beneficiaries of the deceased’s estate are at liberty to file a fresh petition for grant of letters of administration intestate before Vihiga Law Courts, which is the court with geographical jurisdiction of the deceased’s domicile for consideration.
6. Ruling to be typed and Applicant’s counsel notified.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2024R. E. ABURILIJUDGE