[2024] KEHC 10569 (KLR)
The court found that the grant issued in 2001 and confirmed in 2003 had become useless and inoperational due to the death of the first administratrix and the failure to administer and distribute the estate for over 20 years. The court held that such a grant cannot be passed to another person and is subject to...
Source-derived case information.
- Citation
- [2024] KEHC 10569 (KLR)
- Parties
- Applicant: Gladys Orao Ombara; Applicant: Christine Adhiambo Oraro
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E047 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Substitution and Revocation of Grant
- Outcome
- grant revoked and annulled; application for substitution declined
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Administrator Death, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Orao Ombara
Applicant
Christine Adhiambo Oraro
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Substitution and Revocation of Grant
Legal Issues
- 1 Whether the grant issued and confirmed in 2001 and 2003 respectively remains valid following the death of one administratrix.
- 2 Whether the court should substitute the deceased administratrix with another person.
- 3 Whether the grant should be revoked and annulled under Section 76(d) of the Law of Succession Act.
Ratio Decidendi
The court found that the grant issued in 2001 and confirmed in 2003 had become useless and inoperational due to the death of the first administratrix and the failure to administer and distribute the estate for over 20 years. The court held that such a grant cannot be passed to another person and is subject to revocation and annulment under Section 76(d) of the Law of Succession Act. The court declined the application for substitution and instead revoked and annulled the grant, directing the eligible beneficiaries to petition for a fresh grant.
Court Disposition
grant revoked and annulled; application for substitution declined
Orders
- The grant confirmed on 24th September 2003 is annulled and revoked.
- Eligible beneficiaries to petition for a fresh grant.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Jacob Ishmael Ombara Opiyo (Deceased) (Miscellaneous Succession Cause E047 of 2024) [2024] KEHC 10569 (KLR) (4 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10569 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E047 of 2024
RE Aburili, J
September 4, 2024
Ruling
1. The grant in this Succession Cause which was originally filed in 2000 was issued on 9th May 2001 to Gladys Orao Ombara and Christine Adhiambo Oraro.
2. The said grant was confirmed on 24th September 2003.
3. Regrettably, todate, the estate of the deceased Jacob Ismael Ombara has never been administered and or the property distributed to the beneficiaries fully and true and accurate accounts filed into court as stipulated under Section 83 of the Law of Succession Act.
4. The 1st Administratix Gladys Orao Ombara is now said to be dead and from the summons dated 11th June 2024, she died on 13th June 2022.
5. What that means is that no doubt, the grant as issued and confirmed served no purpose. It became useless and inoperational. Such a grant that lost its purpose cannot be passed to any other person. It is amenable for revocation and annulment under Section 76 (d) of the Law of Succession Act.
6. Accordingly, I decline to substitute the deceased administratix Gladys Orao Ombara as sought.
7. I hereby annul and revoke the grant confirmed on 24th September 2003 which is over 20 years ago and direct that the eligible beneficiaries of the estate Petition for a fresh grant.
8. This file and its original succession cause No. 690 of 2000 which was already archived are hereby closed.
9. Parties to be notified forthwith.
10. This Ruling to be typed forthwith and uploaded.
11. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE