[2024] KEHC 547 (KLR)
The court found that since the grant of letters of administration intestate had been revoked and the estate properties ordered to revert to the deceased's name, and as no new administrator had been appointed nor fresh succession proceedings commenced, there were no pending issues for adjudication. Therefore, the...
Source-derived case information.
- Citation
- [2024] KEHC 547 (KLR)
- Parties
- Applicant: Charles Omondi Oduor; Applicant: Jane Odhiambo Oduor; Applicant: Charles Akumu Oduor; Applicant: Goffrey Ochanda Owino; Respondent: Barrack Othieno Owuor; Respondent: Julius Owino Huare
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 584 of 2013
- Procedural Posture
- Succession Cause / Ruling on Closure of File Following Revocation of Grant
- Outcome
- File closed; no pending proceedings.
- Judges
- RE Aburili
- Legal Topics
- Succession, Revocation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Omondi Oduor
Applicant
Jane Odhiambo Oduor
Applicant
Charles Akumu Oduor
Applicant
Goffrey Ochanda Owino
Applicant
Barrack Othieno Owuor
Respondent
Julius Owino Huare
Respondent
Procedural Posture
Succession Cause / Ruling on Closure of File Following Revocation of Grant
Legal Issues
- 1 Whether there are any pending proceedings for adjudication following the revocation of the grant of letters of administration.
- 2 Whether the file should be closed in the absence of an appointed administrator and pending proceedings.
Ratio Decidendi
The court found that since the grant of letters of administration intestate had been revoked and the estate properties ordered to revert to the deceased's name, and as no new administrator had been appointed nor fresh succession proceedings commenced, there were no pending issues for adjudication. Therefore, the file was closed as there was nothing further to litigate upon until parties comply with the previous orders and initiate new succession proceedings if necessary.
Court Disposition
File closed; no pending proceedings.
Orders
- The file is hereby closed as there is nothing capable of being litigated upon at the moment.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Okwany Ongoye (Deceased) (Succession Cause 584 of 2013) [2024] KEHC 547 (KLR) (29 January 2024) (Ruling)
Neutral citation: [2024] KEHC 547 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 584 of 2013
RE Aburili, J
January 29, 2024
IN THE MATTER OF THE ESTATE OF OKWANY ONGOYE –DECEASED BETWEEN CHARLES OMONDI ODUOR…………….…..1ST APPLICANT/OBJECTOR JANE ODHIAMBO ODUOR……..................…2ND APPLICANT/OBJECTOR CHARLES AKUMU ODUOR ……………..….3RD APPLICANT/OBJECTOR GOFFREY OCHANDA OWINO…………..….4TH APPLICANT/OBJECTOR AND BARRACK OTHIENO OWUOR ………...1ST RESPONDENT/PETITIONER JULIUS OWINO HUARE…………………2ND RESPONDENT/PETITIONER
In the matter of
Barrack Othieno Owuor
1st Respondent
Julius Owino Huare
2nd Respondent
Ruling
1. As there is no order or ruling setting aside the orders made by Majanja J on 22nd January 2018 in Succession Cause herein which is related to Succession Cause No. 15 of 2016 revoking the grant of letters of administration intestate issued to the Petitioners herein who transferred to third parties the estate properties, which titles the court ordered to revert back to the deceased’s name – Okwany Ongoye, there are basically no proceedings pending for adjudication as parties were to ensure that that order is given effect and fresh succession proceedings are commenced.
2. Accordingly, as there is nothing capable of being litigated upon at the moment, the grant having been revoked and no other administrator appointed to administer the estate of the deceased, this file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF JANUARY 2024R. E. ABURILIJUDGE