[2024] KEHC 5754 (KLR)
The court found that the grant issued to the applicant on 29th July 2013 had never been confirmed, and despite being given a 30-day extension in 2018 to file for confirmation, the applicant took no action. By operation of law, a grant that is not confirmed and remains inoperative becomes useless and is subject to...
Source-derived case information.
- Citation
- [2024] KEHC 5754 (KLR)
- Parties
- Applicant: Lucas Oduor Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 217 of 2013
- Procedural Posture
- Succession Cause / Ruling on Annulment of Grant
- Outcome
- grant revoked and file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Confirmation, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Oduor Otieno
Applicant
Procedural Posture
Succession Cause / Ruling on Annulment of Grant
Legal Issues
- 1 Whether the grant issued to the applicant should be annulled or revoked due to inaction and non-confirmation.
- 2 Whether the estate proceedings should be closed as a result of the grant becoming inoperational.
Ratio Decidendi
The court found that the grant issued to the applicant on 29th July 2013 had never been confirmed, and despite being given a 30-day extension in 2018 to file for confirmation, the applicant took no action. By operation of law, a grant that is not confirmed and remains inoperative becomes useless and is subject to revocation. The court exercised its discretion under the Law of Succession Act to revoke and annul the grant, thereby closing the file.
Court Disposition
grant revoked and file closed
Orders
- The grant issued to Lucas Oduor Otieno on 29th July 2013 is revoked and annulled.
- The succession file is closed.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Otieno Odero Lando (Deceased) (Succession Cause 217 of 2013) [2024] KEHC 5754 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5754 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 217 of 2013
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF OTIENO ODERO LANDO (DECEASED) AND IN THE MATTER OF APPLICATION BY LUCAS ODUOR OTIENO– PETITIONER/APPLICANT
Ruling
1. This is a 2013 Succession Cause. A grant was issued to Lucas Oduor Otieno on 29th July 2013. The grant has never been confirmed.
2. On 9th April 2018 when the file was brought up for annulment of grant, the court extended to the Petitioner 30 days’ grace period to file summons for confirmation of grant but no action has been taken todate.
3. As the grant became useless and inoperational by operation of the law, the same is hereby revoked and annulled and this file is closed.
4. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE