[2023] KEHC 17388 (KLR)
The court found that Monica Achieng Ojowo, the administratrix of the estate of Naftali Ochuka Ombek, is deceased and was not survived by any children. The applicant, Richard Oginga Ombek, is the only surviving brother and sibling of the deceased. The Area Chief's confirmation and supporting documentation established...
Source-derived case information.
- Citation
- [2023] KEHC 17388 (KLR)
- Parties
- Applicant: Richard Oginga Ombek; Respondent: Monica Achieng Ojowo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 398 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation and Reissuance of Grant
- Outcome
- application allowed; grant revoked and reissued; certificate of confirmation set aside and reissued; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Administrator Appointment, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Oginga Ombek
Applicant
Monica Achieng Ojowo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation and Reissuance of Grant
Legal Issues
- 1 Whether the grant issued to Monica Achieng Ojowo should be revoked due to her death.
- 2 Whether Richard Oginga Ombek is entitled to be appointed as the new administrator of the estate.
- 3 Whether the certificate of confirmation of grant should be set aside and a new one issued to the applicant.
Ratio Decidendi
The court found that Monica Achieng Ojowo, the administratrix of the estate of Naftali Ochuka Ombek, is deceased and was not survived by any children. The applicant, Richard Oginga Ombek, is the only surviving brother and sibling of the deceased. The Area Chief's confirmation and supporting documentation established the applicant's entitlement. Consequently, the court held that the grant issued to Monica Achieng Ojowo should be revoked and reissued to Richard Oginga Ombek. The certificate of confirmation of grant previously issued was set aside, and a new certificate was ordered to be issued to the applicant, who is required to comply with the statutory duties of an administrator within...
Court Disposition
application allowed; grant revoked and reissued; certificate of confirmation set aside and reissued; file closed
Orders
- The grant issued to Monica Achieng Ojowo is revoked and reissued to Richard Oginga Ombek.
- The certificate of confirmation of grant issued to Monica Achieng Ojowo is set aside.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Naftali Ochuka Ombek (Deceased) (Succession Cause 398 of 1998) [2023] KEHC 17388 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17388 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 398 of 1998
RE Aburili, J
May 15, 2023
IN THE MATTER OF ESTATE OF: NAFTALI OCHUKA OMBEK DECEASED
In the matter of
Richard Oginga Ombek
Applicant
Ruling
1. I have perused the application dated December 15, 2021 by the Applicant Richard Oginga Ombek. I have interviewed both the Applicant and the Area Chief Mr Alex Odhiambo Aloo who wrote the letters dated March 16, 2022 and May 3, 2023 in respect of this estate. His identity card number is 10842944 and Personal Number is 2004017677. He is theCchief for East Kolwa Location.
2. He confirms knowing the family of the deceased Naftali Ochuka Ombek and that indeed the applicant Richard Oginga Ombek is the only surviving brother and sibling to the deceased who was survived by Monica Achieng Ojowo the latter being the administrator who also died before fully administering the estate of the deceased Naftali Ochuka Ombek.
3. He has explained that Mollent Akinyi was never a child to Monica and Naftali and that she cannot be traced as she was only a relative – niece to Monica Achieng, being the latter’s sister’s daughter.
4. For the above reasons, I am satisfied that Monica Achieng Ojowo the administratix of the estate of the deceased Naftali Ochuka Ombek is now deceased as per the death certificate No 0042103058 dated September 21, 2021.
5. I am also satisfied that she was not survived by any child and that Richard Oginga Ombek is the only surviving brother and sibling to Naftali Ochuka Ombek.
6. I allow the application dated December 15, 2021. I order that the grant issued to Monicah Achieng Ojowo is hereby revoked and reissued to Richard Oginga Ombek.
7. I further set aside the certificate of confirmation of grant issued to Monica Achieng Ojowo and proceed to confirm the grant reissued to Richard Oginga Ombek.
8. Certificate of confirmation of the said grant to issue forthwith and the new administrator to comply with the provisions of Section 83 of the Law of Succession Act within six (6) months of today.
9. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF MAY, 2023R. E. ABURILIJUDGE