[2022] KEHC 16925 (KLR)
The court found that the application for revocation of grant was properly served on the administratrix, who failed to respond or contest the allegations. As a result, the application was unopposed and the allegations made by the applicant remained uncontroverted. The court, therefore, allowed the application for...
Source-derived case information.
- Citation
- [2022] KEHC 16925 (KLR)
- Parties
- Respondent: Gladys Muhemo; Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 350 of 2002
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- Application for revocation of grant allowed as prayed.
- Judges
- WM Musyoka
- Legal Topics
- Revocation of Grant, Probate and Administration, Uncontested Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Muhemo
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant issued in the estate of Jumba Wainyangala Peter should be revoked as prayed by the applicant.
Ratio Decidendi
The court found that the application for revocation of grant was properly served on the administratrix, who failed to respond or contest the allegations. As a result, the application was unopposed and the allegations made by the applicant remained uncontroverted. The court, therefore, allowed the application for revocation of grant as prayed, in accordance with the principles under section 76 of the Law of Succession Act, which empowers the court to revoke a grant where just cause is shown and the application is not contested.
Court Disposition
Application for revocation of grant allowed as prayed.
Orders
- The application dated February 5, 2020 for revocation of grant is allowed as prayed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Jumba Wainyangala Peter (Succession Cause 350 of 2002) [2022] KEHC 16925 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16925 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 350 of 2002
WM Musyoka, J
December 23, 2022
Ruling
1. The application for determination is the summons, dated February 5, 2020, for revocation of grant.
2. I have carefully perused the file, and it would appear that the application is unopposed, for I have not come across any affidavit in response.
3. I have also carefully perused the file to determine whether the same had been served, and I have noted that the administratrix has been served by a process server, at a place near Kitale Polytechnic.
4. The fact that the application has not been responded to would mean that it is uncontested, and the allegations made in it are uncontroverted.
5. On February 16, 2022 the applicant opted to canvas the application by way of written submissions. I have read through his submissions, dated May 17, 2022.
6. As the allegations made are uncontroverted, I shall allow the application, dated February 5, 2020, as prayed.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 23RD DAY OF DECEMBER 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Mr. Matete, instructed by Matete Mwalese & Company, Advocates for the applicant.Gladys Muhemo, Administratrix in person.