[2024] KEHC 3697 (KLR)
The court found that since the sole administrator of the estate is deceased and the grant was limited to only part of the estate, the grant has become useless and inoperational. The court held that it cannot revive or continue the matter nor make any orders in favour of or against any party. The only appropriate...
Source-derived case information.
- Citation
- [2024] KEHC 3697 (KLR)
- Parties
- Applicant: Mathew Otieno Onjira; Respondent: Odongo Onjira (Deceased); Respondent: Washington Mondo Onjira (Deceased); Respondent: Jacob Okoth Onjira (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E012 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling
- Outcome
- Grant annulled; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant of Letters of Administration, Annulment of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Otieno Onjira
Applicant
Odongo Onjira (Deceased)
Respondent
Washington Mondo Onjira (Deceased)
Respondent
Jacob Okoth Onjira (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling
Legal Issues
- 1 Whether the court can make orders regarding the estate when the sole administrator is deceased and the grant was limited to part of the estate.
- 2 Whether the existing grant should be annulled due to the death of the administrator and its limited scope.
Ratio Decidendi
The court found that since the sole administrator of the estate is deceased and the grant was limited to only part of the estate, the grant has become useless and inoperational. The court held that it cannot revive or continue the matter nor make any orders in favour of or against any party. The only appropriate course is to annul the grant and direct interested parties to petition for a fresh grant covering the entire estate. The file is accordingly closed.
Court Disposition
Grant annulled; file closed.
Orders
- The grant issued and confirmed in favour of Odongo Onjira is annulled as it has become useless and inoperational.
- Parties interested in the deceased's estate are to petition for a fresh grant.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Onjira Maome (Deceased) (Miscellaneous Succession Cause E012 of 2024) [2024] KEHC 3697 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3697 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E012 of 2024
RE Aburili, J
April 15, 2024
N THE MATTER OF THE ESTATE OF ONJIRA MAOME (DECEASED)
Between
Mathew Otieno Onjira
Applicant
and
Odongo Onjira (Deceased)
1st Respondent
Washington Mondo Onjira (Deceased)
2nd Respondent
Jacob Okoth Onjira (Deceased)
3rd Respondent
Ruling
1. In this case, as the sole administrator is now deceased and the administrator only petitioned for a grant to administer only part of the estate comprising Kisumu/Sidho East/2324 leaving out other parcels of land which are named in the application, this court can neither restart this old matter nor make any favourable or adverse orders to any party.
2. The grant as issued and confirmed in favour of Odongo Onjira, who is now deceased is annulled as it has become useless and inoperational.
3. Parties who have an interest in the deceased’s estate to petition for a fresh grant.
4. This file is now closed.
Dated, Signed and Delivered at Kisumu this 15th Day of April, 2024R. E. ABURILIJUDGE