[2024] KEHC 5756 (KLR)
The court held that since the grant issued on 27th February 2007 was revoked and became inoperational, reviving the file or the grant would serve no purpose and would only contribute to backlog. The proper course for the petitioner is to file a fresh petition for grant of representation, as succession matters are...
Source-derived case information.
- Citation
- [2024] KEHC 5756 (KLR)
- Parties
- Applicant: Carren Adhiambo Nyakwaka; Applicant: Paulina Akumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 389 of 2005
- Procedural Posture
- Succession Cause / Ruling on File Closure After Grant Revocation
- Outcome
- File closed; no revival permitted; fresh petition allowed if desired.
- Judges
- RE Aburili
- Legal Topics
- Grant Revocation, Confirmation of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Carren Adhiambo Nyakwaka
Applicant
Paulina Akumu
Applicant
Procedural Posture
Succession Cause / Ruling on File Closure After Grant Revocation
Legal Issues
- 1 Whether the file should be revived after the grant was revoked and the file closed.
- 2 Whether a fresh grant can be petitioned for after the previous grant became inoperational.
Ratio Decidendi
The court held that since the grant issued on 27th February 2007 was revoked and became inoperational, reviving the file or the grant would serve no purpose and would only contribute to backlog. The proper course for the petitioner is to file a fresh petition for grant of representation, as succession matters are not barred by limitation statutes. The court therefore ordered that no application shall be made to revive the file and formally closed the matter.
Court Disposition
File closed; no revival permitted; fresh petition allowed if desired.
Orders
- No application shall be made to revive this file.
- Petitioner may petition for a fresh grant if desired.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Johnson Nyakwaka Onyango (Deceased) (Succession Cause 389 of 2005) [2024] KEHC 5756 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5756 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 389 of 2005
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF JOHNSON NYAKWAKA ONYANGO (DECEASED) AND IN THE MATTER OF APPLICATION BY CARREN ADHIAMBO NYAKWAKA & PAULINA AKUMU – PETITIONERS/APPLICANTS
Ruling
1. The grant was annulled/revoked on 20th July 2015 for failure to move the court for confirmation following the orders of 14th December 2007 by M. G. Mugo J.
2. On 24th July 2023, the firm of Maxwel Omondi Ogonda wrote to court asking for retrieval of the court file for purposes of filing of an application and the file was retrieved from archives but todate, no action has been taken.
3. As the file had been closed, I can only reiterate and close the file, noting that the Petitioner has the opportunity to petition for a fresh grant as the grant issued many years ago on 27th February 2007 became useless and inoperational and reviving it will not serve any purpose other than to revive a backlog for this court.
4. I order that no application shall be made to revive this file, as succession matters are not limited by the statute of limitation.
5. File closed.
6. Ruling to be typed and uploaded on Case Tracking System.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE