[2023] KEHC 19105 (KLR)
The court found that since there was no opposition to the application for joinder and the intended interested party claimed to be an innocent purchaser of the land in issue, it was just and proper to enjoin Douglas Momanyi Makori as an interested party in the succession proceedings. The court further issued...
Source-derived case information.
- Citation
- [2023] KEHC 19105 (KLR)
- Parties
- Applicant: Magdalina Olal; Respondent: Benter Ogada Owade; Interested Party: Douglas Momanyi Makori
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 71 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Joinder of Interested Party and Directions on Summons for Revocation of Grant
- Outcome
- Application for joinder of interested party allowed; directions issued for further conduct of the summons for revocation of grant.
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Joinder of Interested Party, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magdalina Olal
Applicant
Benter Ogada Owade
Respondent
Douglas Momanyi Makori
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Joinder of Interested Party and Directions on Summons for Revocation of Grant
Legal Issues
- 1 Whether Douglas Momanyi Makori should be enjoined as an interested party in the succession proceedings.
- 2 What directions should be given regarding the hearing of the summons for revocation of grant.
Ratio Decidendi
The court found that since there was no opposition to the application for joinder and the intended interested party claimed to be an innocent purchaser of the land in issue, it was just and proper to enjoin Douglas Momanyi Makori as an interested party in the succession proceedings. The court further issued directions for the orderly exchange of affidavits and written submissions regarding the pending summons for revocation of grant, ensuring all parties have an opportunity to be heard. The court emphasized the need for procedural fairness and the inclusion of all parties with a legitimate interest in the estate.
Court Disposition
Application for joinder of interested party allowed; directions issued for further conduct of the summons for revocation of grant.
Orders
- Douglas Momanyi Makori is enjoined as an interested party to these proceedings.
- Respondent/administrator and interested party to file and serve replying affidavits to the summons for revocation of grant within 10 days.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Owade Oriema (Deceased) (Succession Cause 71 of 2014) [2023] KEHC 19105 (KLR) (20 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19105 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 71 of 2014
RE Aburili, J
June 20, 2023
IN THE MATTER OF ESTATE OF: OWADE ORIEMA (DECEASED) AND IN THE MATTER OF APPLICATION FOR REVOCATION OF GRANT AND IN THE MATTER OF APPLICATION BY:
Between
Magdalina Olal
Applicant
and
Benter Ogada Owade
Respondent
and
Douglas Momanyi Makori
Interested Party
Ruling
1. I have perused the application dated June 5, 2023, the grounds and supporting affidavit and annextures. The applicant claims that he is an innocent purchaser of the land in issue from the respondent administrator while there is a party Magdalina Olal who is challenging the entire process through which the grant was obtained by Benta Ogada Owade and confirmed. This is vide summons for revocation of grant dated April 13, 2023.
2. As the applicant in the summons for revocation of grant is not opposed to the joinder of the intended Interested Party, I hereby allow the application by way of notice of motion dated June 5, 2023 and grant orders enjoining Douglas Momanyi Makori as an interested party to these proceedings.
3. I further direct the respondent/administrator and the interested party herein to file and serve their replying affidavits to the summons for revocation of grant dated June 5, 2023 within 10 days of today, upon which the Applicant shall have 10 days of the date of service to file and serve a further affidavit, if need be, together with written submissions.
4. The administrator and interested party shall thereafter have 10 days of the date of service to file and serve supplementary affidavit if any, together with written submissions.
5. Mention on July 3, 2023 before the Deputy Registrar to place the file before the judge for fixing of a ruling date.
6. The applicant herein is directed to serve the respondent/administrator with this ruling/directions and date.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF JUNE, 2023R. E. ABURILIJUDGE