[2019] KEHC 10616 (KLR)
The court found that there was no evidence that the property in question was ever transferred from Hansruedi Muller to the deceased, Pamela Atieno Ogutu. As such, the property did not form part of the deceased's estate, and the respondent could not inherit it through these succession proceedings. Consequently, the...
Source-derived case information.
- Citation
- [2019] KEHC 10616 (KLR)
- Parties
- Applicant: Ali Awadh Ali; Respondent: Monica Adhiambo Ogutu
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 118 of 2013
- Procedural Posture
- Succession Cause / Ruling on Objection to Confirmation of Grant
- Outcome
- Objection upheld; grant revoked; matter closed.
- Judges
- CC Kipkorir
- Legal Topics
- Confirmation of Grant, Revocation of Grant, Ownership of Property, Succession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Awadh Ali
Applicant
Monica Adhiambo Ogutu
Respondent
Procedural Posture
Succession Cause / Ruling on Objection to Confirmation of Grant
Legal Issues
- 1 Whether the property in question formed part of the estate of Pamela Atieno Ogutu for purposes of confirmation of grant.
- 2 Whether the grant issued to the petitioner should be confirmed or revoked.
Ratio Decidendi
The court found that there was no evidence that the property in question was ever transferred from Hansruedi Muller to the deceased, Pamela Atieno Ogutu. As such, the property did not form part of the deceased's estate, and the respondent could not inherit it through these succession proceedings. Consequently, the grant issued to the petitioner was revoked as it was rendered useless and inoperative, since there was no property belonging to the estate of the deceased for which the grant could be confirmed. The parties were directed to pursue their dispute regarding the property in the succession cause relating to the estate of Hansruedi Muller.
Court Disposition
Objection upheld; grant revoked; matter closed.
Orders
- The grant issued to Monica Adhiambo Ogutu on 15th February, 2016 is revoked under Section 76(e) of the Law of Succession Act.
- The matter is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
SUCCESSION CAUSE NO. 118 OF 2013
IN THE MATTER OF ESTATE OF PAMELA ATIENO OGUTU - DECEASED
ALI AWADH ALI...........................................OBJECTOR/APPLICANT
VERSUS
MONICA ADHIAMBO OGUTU..........PETITIONER/RESPONDENT
RULING
1. Through a notice dated 13th July, 2016 the Objector, Ali Awadh Ali, objected to the confirmation of the grant issued to Monica Odhiambo Ogutu in respect to the estate of the deceased Pamela Atieno Ogutu. The objection is strongly opposed.
2. In brief, the Respondent/Petitioner, Monica Adhiambo Ogutu is a sister to the deceased Pamela Atieno Ogutu (the deceased). The deceased was married to the late Hansruedi Muller who was the registered owner of plot No. 2178 Original Number 2092/14. The Respondent seeks to inherit the said plot through these proceedings.
3. The Applicant/Objector opposes the confirmation of the grant on the ground that he is the registered owner of the plot the Respondent intends to inherit.
4. In this case, it is not necessary to beat about the bush. There is no evidence that the property in question was ever transferred from the registered owner Hansruedi Muller to the deceased herein. For that reason alone, the Respondent cannot inherit the property through the estate of the deceased herein.
5. The resolution of the dispute between the Objector and the Petitioner in respect to the property in question lies in the estate of the late Hansruedi Muller. I have restrained myself from commenting on the evidence adduced by each side since I believe that the matter still needs to be resolved substantively. I have seen a letter dated 28th April, 2016 in the file addressed to the Deputy Registrar of Mombasa High Court by the Petitioner indicating that there is a succession cause number 118 of 2014 in that court pertaining to the estate of the late Hansruedi Muller. The parties should pursue their dispute in that matter.
6. The outcome is that the Objector’s case succeeds on a technicality to the extent that the property in question did not belong to the estate of the deceased Pamela Atieno Ogutu.
7. The Petitioner has applied for confirmation of the grant issued to her herein on 15th February, 2016. In her petition for letters of administration, the property in question was the only property of the estate of the deceased. In light of what I have stated above, there is therefore nothing else for which the grant can be confirmed. The solution is to revoke the grant under Section 76(e) of the Law of Succession Act for being useless and inoperative and mark this matter as closed as the parties move their dispute to another arena. That is my order.
8. As for costs, I find that the parties are yet to find a solution for their dispute. None of them should be burdened with costs. Each party will meet his/her costs in respect of this matter.
Dated, signed and delivered at Malindi this 24th day of January, 2019.
W. KORIR
JUDGE OF THE HIGH COURT