[2023] KEHC 23505 (KLR)
The court found that the grant issued in 1991 and confirmed in 1992 was inoperational and useless because no property or heirs were listed in the schedule of distribution, and the administrator failed to obtain consents from other beneficiaries. The administrator also failed to prosecute the application for...
Source-derived case information.
- Citation
- [2023] KEHC 23505 (KLR)
- Parties
- Applicant: Boaz Awelo Omboro
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 167 of 1991
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant and Review of Administration
- Outcome
- grant revoked and application dismissed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Estate Administration, Beneficiary Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boaz Awelo Omboro
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant and Review of Administration
Legal Issues
- 1 Whether the grant of letters of administration issued and confirmed in 1991 and 1992 respectively should be revoked due to lack of listed property and heirs.
- 2 Whether the applicant's summons for rectification of grant filed in 2019 should be allowed despite lack of prosecution and beneficiary consent.
- 3 Whether the estate should be administered afresh before the Chief Magistrate's court.
Ratio Decidendi
The court found that the grant issued in 1991 and confirmed in 1992 was inoperational and useless because no property or heirs were listed in the schedule of distribution, and the administrator failed to obtain consents from other beneficiaries. The administrator also failed to prosecute the application for rectification of grant filed in 2019 and did not provide for the daughters named as heirs. As a result, the court revoked and set aside the grant and directed that a fresh application be filed before the Chief Magistrate’s court, given the value of the estate. The application for rectification was dismissed for want of prosecution, and the file was closed.
Court Disposition
grant revoked and application dismissed
Orders
- The grant issued on 6th November 1991 and confirmed on 11th June 1992 is revoked and set aside.
- The petitioner to file for a fresh grant before the Chief Magistrate’s court as there is no evidence that the estate property exceeds Kshs.20 million in value.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Jacob Omboro Owuor (Deceased) (Succession Cause 167 of 1991) [2023] KEHC 23505 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23505 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 167 of 1991
RE Aburili, J
October 6, 2023
In the matter of
Boaz Awelo Omboro
Applicant
Ruling
1. In this very old cause filed in 1991, the Petitioner Boaz Awelo Omboro was issued with a grant of letters of administration Intestate on 6th November 1991 to administer the estate of the late Jacob Omboro Owuor.
2. The said grant was confirmed on 11th June 1992.
3. Regrettably, in the schedule of distribution of the estate of the deceased, there is no property listed for distribution and no heirs are also listed.
4. I further observe that the Petitioner never obtained any consents from his 3 sisters named in the P&A 5 as heirs, to enable him become the sole heir to all the movable properties listed in P&A 5 in support of the Petition for a grant.
5. Since 1992, the Administrator has never come back to court until 4th November 2019 when he filed summons for rectification of grant seeking to add four properties to the certificate of confirmation of grant made on 11th June 1992, in the schedule of properties.
6. Again, from the time he filed that application in 2019, he has never prosecuted it as he was absent on 9th December 2019 when the same came up for hearing. The matter has been mentioned from time to time but the Petitioner has never appeared to prosecute his said application and no consents from the other beneficiaries of the estate, who are daughters is filed. Neither have they been provided for in the estate.
7. In my view, that grant has become inoperational and useless for all purposes.
8. Accordingly, the grant issued on 6th November 1991 and confirmed on 11th June 1992 be and is hereby revoked and set aside respectively.
9. The Petitioner to file for a fresh before the Chief Magistrate’s court as there is no evidence that the estate property exceeds Kshs.20 million in value.
10. The application dated 30th October 2019 is dismissed for want of prosecution.
11. This file is closed.
12. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE