[2023] KEHC 26023 (KLR)
The court found that the application to set aside the revocation of the grant had not been prosecuted for several years despite notices to the applicant. Given that the grant was revoked eight years ago and no steps had been taken to confirm or reinstate it, the court held that it could not revisit the matter. The...
Source-derived case information.
- Citation
- [2023] KEHC 26023 (KLR)
- Parties
- Applicant: Samson Ochieng Ojuondo; Respondent: Estate of John Ojuondo Opiyo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 974 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Revocation of Grant
- Outcome
- application dismissed for want of prosecution; grant remains revoked
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Revocation of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Ochieng Ojuondo
Applicant
Estate of John Ojuondo Opiyo (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Revocation of Grant
Legal Issues
- 1 Whether the application to set aside the revocation of grant should be allowed despite prolonged inaction by the applicant.
- 2 Whether the court can revisit a grant revoked eight years prior for want of prosecution.
Ratio Decidendi
The court found that the application to set aside the revocation of the grant had not been prosecuted for several years despite notices to the applicant. Given that the grant was revoked eight years ago and no steps had been taken to confirm or reinstate it, the court held that it could not revisit the matter. The application was therefore dismissed for want of prosecution, and the grant remains revoked and inoperative. The court directed that any interested parties should petition for a fresh grant if they wish to proceed with the administration of the estate.
Court Disposition
application dismissed for want of prosecution; grant remains revoked
Orders
- The Notice of Motion dated 11th December 2019 for setting aside of the revocation order of 1st December 2016 is dismissed for want of prosecution.
- The grant remains revoked for being inoperative and useless.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of John Ojuondo Opiyo (Deceased) (Succession Cause 974 of 2014) [2023] KEHC 26023 (KLR) (29 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26023 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 974 of 2014
RE Aburili, J
November 29, 2023
IN THE MATTER OF THE ESTATE OF JOHN OJUONDO OPIYO– DECEASED AND IN THE MATTER OF AN APPLICATION BY SAMSON OCHIENG OJUONDO - PETITIONER
Ruling
1. This Succession Cause was filed on 14th October 2014 and gazetted on 19th December 2014.
2. A grant was issued on 24th February 2015. No summons for confirmation of grant was filed.
3. On 1st December 2016, Majanja J revoked the grant under Section 76 (d) (i) of the Law of Succession Act.
4. On 20th December 2019, the Petitioner sought to have the dismissal set aside but he has never prosecuted that application todate despite notices issued.
5. The grant having been revoked 8 years ago, this court cannot revisit it and in the circumstances, the Notice of Motion dated 11th December 2019 for setting aside of the revocation order of 1st December 2016 is hereby dismissed for want of prosecution.
6. The grant remains revoked for being inoperative and useless.
7. Parties interested in the estate of the deceased to petition for a fresh grant.
8. This file is closed.
9. I so order.
10. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE