[2022] KEHC 843 (KLR)
The court found that the respondent had previously been declared a stranger to the estate and therefore lacked legal capacity to oppose the application for confirmation of grant. The issue raised by the respondent had already been determined in a prior ruling, rendering the matter res judicata. As there was no other...
Source-derived case information.
- Citation
- [2022] KEHC 843 (KLR)
- Parties
- Applicant: Millicent Achieng Obura; Respondent: John Obingo Odongo
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 505 of 2015
- Procedural Posture
- Probate and Administration / Ruling on Summons for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed
- Judges
- KW Kiarie
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant
- 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
Millicent Achieng Obura
Applicant
John Obingo Odongo
Respondent
Procedural Posture
Probate and Administration / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the applicant is entitled to confirmation of grant for the estate of Odongo Mbwayo.
- 2 Whether the respondent has capacity to oppose the application for confirmation of grant.
Ratio Decidendi
The court found that the respondent had previously been declared a stranger to the estate and therefore lacked legal capacity to oppose the application for confirmation of grant. The issue raised by the respondent had already been determined in a prior ruling, rendering the matter res judicata. As there was no other pending application, the court allowed the application for confirmation of grant and directed the applicant to render accounts within 60 days, failing which the grant would stand revoked.
Court Disposition
application for confirmation of grant allowed
Orders
- Application for confirmation of grant is allowed.
- Applicant to render accounts within 60 days from the date of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
PROBATE & ADMINSTRATION NO.505 OF 2015
IN THE MATTER OF THE ESTATE OF ODONGO MBWAYO (DECEASED)
BETWEEN
MILLICENT ACHIENG OBURA ................APPLICANT
AND
JOHN OBINGO ODONGO........................RESPONDENT
RULING
1. Millicent Achieng Obura the applicant herein, moved the court by way of Summons for Confirmation of Grant dated 2nd October, 2020 premised on the following grounds:
a) That a grant of letters of administration issued to John Obingo Odongo on 8th July 2011 was revoked and a fresh grant was issued to her and was given leave of the court to apply for confirmation forthwith and after hearing of the application a grant was issued jointly to the applicant and Helena or Lena Amagove.
b) That there is no application pending under part III of the Law of Succession Act.
2. The application was opposed by the respondent on ground that the estate of the deceased ought to be distributed equally to all beneficiaries.
3. The ruling of this court dated 26th November, 2019 (Karanjah J) was clear on the issue raised herein by the respondent. The objector was held to be a stranger to the estate and therefore he lacks capacity to oppose the application herein. The issue is therefore res judicata. There being no other pending application, I allow the application for confirmation of grant. The applicant is given 60 days from the date of the ruling to render accounts. Failure to do so, the grant shall automatically stand revoked.
DELIVERED AND SIGNED AT HOMA BAY THIS 31ST DAY OF MARCH, 2022
KIARIE WAWERU KIARIE
JUDGE