[2024] KEHC 11852 (KLR)
The court found that the petitioners had failed to prosecute their application for confirmation of grant for nearly three years and had not complied with a specific court order to file title documents. This demonstrated a lack of interest and diligence in administering the estate. As a result, the summons for...
Source-derived case information.
- Citation
- [2024] KEHC 11852 (KLR)
- Parties
- Applicant: Luseno Hudson Liyai; Applicant: Seth Amugumbi Liyai; Applicant: Fanuel Kipchumba Liyai
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E4 of 2021
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Compliance With Court Directions
- Outcome
- Summons for confirmation of grant dismissed for want of prosecution; grant annulled and revoked; beneficiaries to file fresh petition before Vihiga High Court; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luseno Hudson Liyai
Applicant
Seth Amugumbi Liyai
Applicant
Fanuel Kipchumba Liyai
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Compliance With Court Directions
Legal Issues
- 1 Whether the summons for confirmation of grant should be dismissed for want of prosecution.
- 2 Whether the grant issued to the petitioners should be annulled and revoked due to non-compliance and inaction.
- 3 Whether a fresh petition for grant should be filed before the appropriate court.
Ratio Decidendi
The court found that the petitioners had failed to prosecute their application for confirmation of grant for nearly three years and had not complied with a specific court order to file title documents. This demonstrated a lack of interest and diligence in administering the estate. As a result, the summons for confirmation of grant was dismissed for want of prosecution, and the grant issued to the petitioners was annulled and revoked on the court's own motion. The court further directed that a fresh petition for grant be filed before the Vihiga High Court, which has geographical jurisdiction over the matter, as the deceased's last domicile was within that area. The file was ordered closed.
Court Disposition
Summons for confirmation of grant dismissed for want of prosecution; grant annulled and revoked; beneficiaries to file fresh petition before Vihiga High Court; file closed.
Orders
- The summons for confirmation of grant dated 9th November 2021 is dismissed for want of prosecution.
- The grant issued on 12th April 2020 is annulled and revoked on the court’s own motion.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Horoba Liyayi alias Horoba Liyai (Deceased) (Succession Cause E4 of 2021) [2024] KEHC 11852 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11852 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E4 of 2021
RE Aburili, J
October 3, 2024
IN THE MATTER OF AN APPLICATION LUSENO HUDSON LIYAI, SETH AMUGUMBI LIYAI and FANUEL KIPCHUMBA LIYAI - APPLICANTS
Ruling
1. On 12th April 2020, the Petitioners were issued with a grant of letters to administer the estate of Horoba Liyayi alias Horoba Liyai.
2. Vide a summons for confirmation of grant dated 9th November 2021, the Petitioners sought for confirmation of the said grant.
3. Todate, they have not prosecuted their application which is now nearly 3 years.
4. Since 15th July 2022 when the Petitioners were directed to file title documents in court, they have not complied and neither have they moved the court to have this succession cause concluded.
5. In the premises, it is apparent that the Petitioners lost interest in this case and that the grant issued to them on 12th April 2020 which was due for confirmation on 12th October 2021 became useless and inoperative.
6. The summons for confirmation of grant dated 9th November 2021 is hereby dismissed for want of prosecution.
7. Consequently, the grant issued on 12th April 2020 is hereby annulled and revoked on the court’s own motion.
8. Beneficiaries of the deceased’s estate shall file a fresh petition for a fresh grant before Vihiga High Court which is within the geographical jurisdiction of the petitioners and the last domicile of the deceased Horoba Liyayi alias Horoba Liyai.
9. This file is closed.
10. The Ruling to be typed and uploaded and a copy sent to the Petitioners through Chief, Senende Location, Hamisi Sub-county of Vihiga County.
11. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF OCTOBER, 2024R. E. ABURILIJUDGE