[2023] KEHC 24411 (KLR)
The court found that since no petition for a full grant had ever been filed and no grant had ever been issued to administer the estate, there was no basis for issuing a limited grant or making any orders regarding the transfer of land. The application for a limited grant had already been dismissed in 1992, and the...
Source-derived case information.
- Citation
- [2023] KEHC 24411 (KLR)
- Parties
- Petitioner: Grace Akinyi; Applicant: Teresa John Ouko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 1992
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant
- Outcome
- Application for limited grant dismissed; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Limited Grant, Letters of Administration, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Akinyi
Petitioner
Teresa John Ouko
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant
Legal Issues
- 1 Whether a limited grant (Letters of Administration Pendete lite) should be issued in the absence of a petition for a full grant.
- 2 Whether the court can make orders for transfer of land without a full grant having been issued.
Ratio Decidendi
The court found that since no petition for a full grant had ever been filed and no grant had ever been issued to administer the estate, there was no basis for issuing a limited grant or making any orders regarding the transfer of land. The application for a limited grant had already been dismissed in 1992, and the applicant was directed to file a normal succession petition. As no further action had been taken, there was nothing left to prosecute in the file, warranting its closure.
Court Disposition
Application for limited grant dismissed; file closed.
Orders
- The application for a limited grant is dismissed.
- The applicant is to file a normal succession petition if so advised.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Jackton John Ouko Ondoro (Deceased) (Succession Cause 23 of 1992) [2023] KEHC 24411 (KLR) (25 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24411 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 23 of 1992
RE Aburili, J
October 25, 2023
N THE MATTER OF THE ESTATE OF JACKTON JOHN OUKO ONDORO (DECEASED)
Between
Grace Akinyi
Petitioner
and
Teresa John Ouko
Applicant
Ruling
1. I observe that what was filed herein in 1992 was an application for a limited grant under Section 54 Rule 10 of the Laws of Succession Act by Grace Akinyi.
2. The application was clearly for Letters of Administration Pendete lite to the estate of the late John Ouko Ondoro.
3. No petition for a full grant has ever been filed in these proceedings and no grant has ever been issued to any person to administer the estate of the deceased John Ouko Ondoro.
4. In the circumstance, there are no orders for transfer of land which this court can make as it appears that the applicant who is now deceased only sought for a temporary grant pending filing of the Petition for a full grant.
5. Consequently, the court did on 1st July 1992 reject the application for a limited grant and dismissed it and ordered that the Applicant files a normal succession petition.
6. For the above reasons, there is nothing to be prosecuted in this file which is hereby closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE