[2023] KEHC 23500 (KLR)

[2023] KEHC 23500 (KLR)

The court found that the grant issued on May 21, 2013 had become inoperational and useless because no summons for confirmation had been filed for over ten years and one of the administrators had died. As a result, there was nothing to rectify, and the grant could not be confirmed or acted upon. The court exercised...

Source-derived case information.

Citation
[2023] KEHC 23500 (KLR)
Parties
Applicant: Eunice Adhiambo Opiyo; Applicant: Samwel Juma Akiri
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 335 of 2012
Procedural Posture
Succession Cause / Ruling on Application for Rectification And/or Confirmation of Grant
Outcome
grant revoked, application dismissed, file closed
Judges
RE Aburili
Legal Topics
Succession, Grant Revocation, Letters of Administration, Estate Administration
Source Language
en
Family and Children Succession Grant Revocation Letters of Administration Estate Administration

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Summary, issues, holding and outcome

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Parties

Eunice Adhiambo Opiyo

Applicant

Samwel Juma Akiri

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Rectification And/or Confirmation of Grant

Legal Issues

  1. 1 Whether the grant issued on May 21, 2013 should be rectified or revoked due to inoperability.
  2. 2 Whether the beneficiaries should petition afresh for grant of letters of administration intestate.

Ratio Decidendi

The court found that the grant issued on May 21, 2013 had become inoperational and useless because no summons for confirmation had been filed for over ten years and one of the administrators had died. As a result, there was nothing to rectify, and the grant could not be confirmed or acted upon. The court exercised its discretion under section 76 of the Law of Succession Act to revoke the grant. The beneficiaries were directed to petition afresh for a new grant of letters of administration intestate, ensuring all beneficiaries and assets are listed. The application for rectification or confirmation was declined and dismissed, and the file was ordered closed.

Court Disposition

grant revoked, application dismissed, file closed

Orders

  • The grant issued on May 21, 2013 to Eunice Adhiambo Opiyo and Samwel Juma Akiri is revoked.
  • Beneficiaries to petition afresh for grant of letters of administration intestate, listing all beneficiaries and assets.