[2023] KEHC 23506 (KLR)
The court found that the confirmed grant was rendered inoperative and useless due to the omission of a key asset (Land Parcel No Kisumu/Dago/725), the death of an administrator before full distribution, and the failure of the substituted administrator to seek confirmation of the grant. As a result, the grant had not...
Source-derived case information.
- Citation
- [2023] KEHC 23506 (KLR)
- Parties
- Applicant: Pamela Akinyo Aboge; Applicant: John Okore Ponge; Respondent: Corner Omondi Oduor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 501 of 2003
- Procedural Posture
- Succession Cause / Ruling on Revocation and Annulment of Grant
- Outcome
- grant annulled and revoked; parties to petition afresh before Chief Magistrate’s Court
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Estate Administration, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Akinyo Aboge
Applicant
John Okore Ponge
Applicant
Corner Omondi Oduor
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation and Annulment of Grant
Legal Issues
- 1 Whether the confirmed grant was valid and operative given the omission of estate property and the death of an administrator before distribution.
- 2 Whether the grant should be annulled and revoked due to inoperability and lack of utility to the estate.
- 3 Whether a fresh petition for grant should be filed before the Chief Magistrate’s Court given the value of the estate.
Ratio Decidendi
The court found that the confirmed grant was rendered inoperative and useless due to the omission of a key asset (Land Parcel No Kisumu/Dago/725), the death of an administrator before full distribution, and the failure of the substituted administrator to seek confirmation of the grant. As a result, the grant had not served its intended purpose and was of no utility to the estate. The court therefore annulled and revoked the grant, set aside the order confirming the grant, and directed that interested parties petition afresh for a new grant before the Chief Magistrate’s Court, as the estate value did not exceed Kshs 20 million.
Court Disposition
grant annulled and revoked; parties to petition afresh before Chief Magistrate’s Court
Orders
- The grant issued by the court is annulled and revoked.
- The order confirming the grant is set aside and vacated.
Full Case Text
Judgment text and source record
30 paragraphs
In re Estate of Patris Ponge Gumba and Sabianus Okembia Gumba (Deceased) (Succession Cause 501 of 2003) [2023] KEHC 23506 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23506 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 501 of 2003
RE Aburili, J
October 6, 2023
IN THE MATTER OF THE ESTATE OF PATRIS PONGE GUMBA AND SABIANUS OKEMBIA GUMBA (DECEASED)
In the matter of
Pamela Akinyo Aboge
1st Applicant
John Okore Ponge
2nd Applicant
Ruling
1. In this 2003 Succession cause, the P&A 5 filed together with the Petition for grant on July 21, 2003 listed the following beneficiaries/heirs of the estate of the late Patris Ponge Gumba and Sabianus Okembia Gumba.1. Pamela Akinyi Aboge; widow to Michael Aboge Okembia (wife to son to Okembia Gumba)2. John Okore Ponge – son to Patris Ponge Gumba.3. Martin Olago Ponge – son to Patris Ponge Gumba.4. Corner Omondi Oduor – son to Pamela Akinyi Aboge.
2. The property listed as the only asset was Land Parcel No. Kisumu/Dago/264. The grant was issued on September 4, 2003.
3. In the summons for confirmation of grant dated March 18, 2004, the property was listed to be shared equally between John Okore and Corner Omondi Oduor each getting 1. 3 hectares.
4. There is no mention of Martin Olago and Pamela Akinyi Aboge, the latter who has since died.
5. The grant was confirmed on March 24, 2004 but the shares in the same parcel are stated to be 1. 3 hectares and 133 hectares which latter I find to be erroneous because there is no evidence by way of search certificate disclosing that amount of land.
6. Upon the demise of Pamela Akinyi Aboge, which was on March 22, 2006 as per the death certificate entry No 078060xxxx issued on January 14, 2014, and which death occurred before the estate was fully distributed, Corner Omondi who is her son and not administrator filed an application to be substituted as administrator.
7. On May 3, 2021, Ochieng J granted the prayer substituting the deceased Pamela Akinyi Aboge with Corner Omondi Oduor as one of the administrators of the estate.
8. On July 19, 2021, Ochieng J advised the said Corner Omondi Oduor to now apply for confirmation of grant and directed that when such application is filed and fixed for hearing, all beneficiaries will have to attend court.
9. Corner Omondi Oduor had on July 15, 2021 filed summons for rectification of grant to which the court permitted by way of substitution of the deceased Pamela Akinyi Aboge.
10. From July 19, 2021, the Administrators have never sought to have the said grant confirmed.
11. In the premises, and as it is clear that the grant as initially confirmed omitted Land Parcel No Kisumu/Dago/725 and as no distribution of the estate of the deceased has been undertakn in this age old matter, I find that the grant issued by this court has never been useful to the estate of the two (2) deceased persons.
12. The said grant as issued has become inoperational and useless. It is hereby annulled and revoked. In addition, the order confirming the grant is hereby set aside and vacated.
13. The persons interested in the estate of the deceased Patris Ponge Gumba and Sabianus Okembia Gumba to petition afresh for a new grant and as the estate property does not appear to exceed Kshs 20 million in value, the fresh grant shall be sought before the Chief Magistrate’s Court.
14. Registry to notify parties.
15. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE