[2023] KEHC 22671 (KLR)
The court found that the grant issued to the applicant had not been confirmed for over eight years despite several notices to show cause. Under Section 76 of the Law of Succession Act, a grant that is not confirmed within a reasonable time and remains inoperational is liable to revocation or annulment. The assets...
Source-derived case information.
- Citation
- [2023] KEHC 22671 (KLR)
- Parties
- Applicant: Philip Apamo Akusala
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 757 of 2015
- Procedural Posture
- Succession Cause / Ruling on Revocation/annulment of Grant for Non Confirmation
- Outcome
- grant annulled; file closed; fresh petition to be filed in Vihiga High Court
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Apamo Akusala
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation/annulment of Grant for Non Confirmation
Legal Issues
- 1 Whether the grant issued to the applicant should be revoked or annulled for failure to seek confirmation within the statutory period.
- 2 Whether the estate should be administered afresh in the appropriate jurisdiction.
Ratio Decidendi
The court found that the grant issued to the applicant had not been confirmed for over eight years despite several notices to show cause. Under Section 76 of the Law of Succession Act, a grant that is not confirmed within a reasonable time and remains inoperational is liable to revocation or annulment. The assets and parties are domiciled in Vihiga County, and the Kisumu court is not the appropriate forum for further proceedings. The court therefore annulled the grant and directed that any interested party should petition for a fresh grant before the Vihiga High Court, closing the file in Kisumu.
Court Disposition
grant annulled; file closed; fresh petition to be filed in Vihiga High Court
Orders
- The grant issued to Philip Apamo Akusala is dismissed and annulled.
- Any person interested in the estate shall petition for a fresh grant before Vihiga High Court.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Joshua Abukuse Akusala (Deceased) (Succession Cause 757 of 2015) [2023] KEHC 22671 (KLR) (26 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22671 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 757 of 2015
RE Aburili, J
September 26, 2023
IN THE MATTER OF THE ESTATE OF JOSHUA ABUKUSE AKUSALA............................................. (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PHILIP APAMO AKUSALA
In the matter of
Philip Apamo Akusala
Applicant
Ruling
1. This Succession Cause was filed in this court on September 1, 2015 and a grant was issued on December 16, 2015 and due for confirmation on June 16, 2016 but to date, no summons for confirmation of grant issued to Philip Apamo Akusala has been filed.
2. The assets of the estate are domiciled in Vihiga county. Several notices to show cause why the grant issued cannot be revoked for non confirmation have been issued.
3. As the grant issued is now over eight (8) years old and no confirmation is sought, it has become inoperational and useless. The same is hereby dismissed and annulled.
4. Any person interested in the estate of the deceased Joshua Abukuse Akusala shall petition for a fresh grant before Vihiga High Court where parties and the assets are domiciled.
5. This file is hereby closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2023. R. E. ABURILIJUDGE