[2024] KEHC 5807 (KLR)
The court found that since the grant issued to Thomas Ochieng Omer for the estate of Onyando Omer was revoked on 1st December 2016 under Section 76(d)(i) of the Law of Succession Act, and no confirmation of the grant had occurred, there were no remaining substantive issues to be determined in this succession cause....
Source-derived case information.
- Citation
- [2024] KEHC 5807 (KLR)
- Parties
- Applicant: Thomas Ochieng Omer
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 63 of 2014
- Procedural Posture
- Succession Cause / Ruling on File Closure After Revocation of Grant
- Outcome
- File closed as grant had already been revoked and no further issues remained for determination.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Ochieng Omer
Applicant
Procedural Posture
Succession Cause / Ruling on File Closure After Revocation of Grant
Legal Issues
- 1 Whether there are any outstanding matters to be determined after the revocation of the grant for the estate of Onyando Omer.
- 2 Whether the file should remain open or be closed following the revocation of the grant.
Ratio Decidendi
The court found that since the grant issued to Thomas Ochieng Omer for the estate of Onyando Omer was revoked on 1st December 2016 under Section 76(d)(i) of the Law of Succession Act, and no confirmation of the grant had occurred, there were no remaining substantive issues to be determined in this succession cause. The existence of another related succession cause (No. E007 of 2023) further indicated that the present file had become redundant. Accordingly, the court ordered the closure of the file as nothing remained to be considered on merit.
Court Disposition
File closed as grant had already been revoked and no further issues remained for determination.
Orders
- This file is closed as nothing remains to be considered on merit.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Onyando Omer (Deceased) (Succession Cause 63 of 2014) [2024] KEHC 5807 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5807 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 63 of 2014
RE Aburili, J
May 9, 2024
N THE MATTER OF THE ESTATE OF ONYANDO OMER (DECEASED) AND IN THE MATTER OF APPLICATION BY THOMAS OCHIENG OMER – PETITIONER/APPLICANT
Ruling
1. I observe that this file is related to Succession No. E007 of 2023 which was transferred to Kisumu Chief Magistrate’s Court on 6th March 2023.
2. It appears that the Petitioner filed two different Succession causes for the same estate of Onyando Omer.
3. In this one, the grant was issued on 30th May 2014 to the same Petitioner Thomas Ochieng Omer but no confirmation was made to the grant which was revoked on 1st December 2016 under Section 76(d) (i) of the Law of Succession Act.
4. Accordingly, as nothing remained to be considered on merit, this File is closed.
5. Ruling to be typed and uploaded in CTS.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE