[2023] KEHC 3122 (KLR)
The court found that confirmation of grant in this file could not proceed while Succession Cause No. E15 of 2021, concerning the same estate and involving a limited grant to preserve the estate, was pending. The existence of parallel proceedings and a finding of intermeddling by the petitioner necessitated the...
Source-derived case information.
- Citation
- [2023] KEHC 3122 (KLR)
- Parties
- Applicant: Philipa Nyamulo Ochido; Respondent: Margaret A. Kaseje; Respondent: Timothy A. O. Ochido; Respondent: Michael M. Ochido; Respondent: Jonathan M. Ochido; Respondent: Ruth A. Ochido
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 753 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant and Directions Regarding Distribution of Estate
- Outcome
- Summons for confirmation of grant struck out; file closed; all further proceedings to be in Succession Cause No E15 of 2021.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Intermeddling With Estate, Limited Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philipa Nyamulo Ochido
Applicant
Margaret A. Kaseje
Respondent
Timothy A. O. Ochido
Respondent
Michael M. Ochido
Respondent
Jonathan M. Ochido
Respondent
Ruth A. Ochido
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant and Directions Regarding Distribution of Estate
Legal Issues
- 1 Whether the summons for confirmation of grant can be heard and determined while another succession cause concerning the same estate is pending.
- 2 Whether the directions previously issued for filing a schedule of distribution should be set aside in light of the pending related matter.
- 3 Whether the petitioner has intermeddled with the estate, affecting the confirmation process.
Ratio Decidendi
The court found that confirmation of grant in this file could not proceed while Succession Cause No. E15 of 2021, concerning the same estate and involving a limited grant to preserve the estate, was pending. The existence of parallel proceedings and a finding of intermeddling by the petitioner necessitated the striking out of the summons for confirmation of grant and closure of the file to prevent further confusion or facilitation of intermeddling. The court directed that all further matters regarding the estate be handled in Succession Cause No. E15 of 2021, thereby consolidating the administration of the estate and upholding the integrity of the succession process.
Court Disposition
Summons for confirmation of grant struck out; file closed; all further proceedings to be in Succession Cause No E15 of 2021.
Orders
- The directions given on January 16, 2023 and March 15, 2023 are reviewed and set aside.
- No certificate of confirmation can be issued in this file.
Full Case Text
Judgment text and source record
36 paragraphs
In re Estate of Luke Owuor Ochido (Deceased) (Succession Cause 753 of 2013) [2023] KEHC 3122 (KLR) (17 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3122 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 753 of 2013
RE Aburili, J
April 17, 2023
IN THE MATTER OF THE ESTATE OFLUKE OWUOR OCHIDO - (DECEASED)
Between
Philipa Nyamulo Ochido
Petitioner
and
Margaret A. Kaseje
1st Objector
Timothy A. O. Ochido
2nd Objector
Michael M. Ochido
3rd Objector
Jonathan M. Ochido
4th Objector
Ruth A. Ochido
5th Objector
Ruling
1. This court on January 16, 2023 directed the Deputy Registrar to notify the parties to these proceedings to fila a schedule of distribution of the estate within thirty (30) days. On that day, none of the parties or their representatives were in court.
2. By March 15, 2023, none of the parties had complied and neither did they attend court. The court therefore restated the directions of January 16, 2023 and issued an extension by a further twenty one (21) days for compliance.
3. Those directions were served upon the parties’ counsel and they elicited the application dated March 22, 2023.
4. I have perused the application dated March 22, 2023 and the grounds together with the supporting affidavit. I observe that there is another matter pending in respect of the estate of the deceased Luke Owuor Ochido, being Succession Cause No E15 of 2021 where a limited grant was issued to Margaret Achieng Kaseje, to preserve the estate of the deceased, which was feared to be intermeddled vide proceedings commenced at Maseno Principal Magistrate’s Court by Philipa Nyamulo Ochido, one of the widows and beneficiaries of the estate giving rise to this matter.
5. The Succession Cause No. E15 of 2021 was intended to arrest the process of intermeddling which was said to be ongoing.
6. It follows that no grant can be confirmed on this file when E15 of 2021 is pending as that would aid in the alleged intermeddling of the estate of the deceased.
7. For the above reasons, and without letting the parties argue out on the merits and demerits of the application dated March 22, 2023, I hereby review and set aside this court’s directions given on January 16, 2023 and March 15, 2023 respectively and direct that this matter, as a finding has already been made on the Petitioner herein intermeddling in the estate of the deceased, no certificate of confirmation can be issued on the same.
8. Accordingly, the Summons for confirmation of grant dated November 16, 2020 are incapable of being heard and considered in this file. The same is struck out and this file is closed.
9. The court shall proceed to consider the matter of the estate of the deceased vide Succession Cause No E15 of 2021 and make appropriate orders as may be necessary to meet the ends of justice.
10. However, for purposes of institutional memory on what had initially transpired in respect of the estate of the deceased, this file shall be placed in Succession Cause No E15 of 2021 henceforth.
11. File closed.
12. I make no orders as to costs.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF APRIL, 2023R. E. ABURILIJUDGE