[2023] KEHC 22785 (KLR)
The court found that the grant of representation reissued on December 16, 2020, had not been acted upon as no application for confirmation had been made. No reasons were provided for the delay. As a result, the grant had become inoperative and of no value or use to the estate. The court exercised its discretion...
Source-derived case information.
- Citation
- [2023] KEHC 22785 (KLR)
- Parties
- Applicant: Wilkista Agutu Arango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1141 of 2015
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant
- Outcome
- grant revoked and annulled; file closed
- Judges
- RE Aburili
- Legal Topics
- Grant of Representation, Revocation of Grant, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilkista Agutu Arango
Applicant
Procedural Posture
Succession Cause / Ruling on Revocation of Grant
Legal Issues
- 1 Whether the grant of representation should be revoked due to inaction and failure to apply for confirmation within the prescribed period.
Ratio Decidendi
The court found that the grant of representation reissued on December 16, 2020, had not been acted upon as no application for confirmation had been made. No reasons were provided for the delay. As a result, the grant had become inoperative and of no value or use to the estate. The court exercised its discretion under the Law of Succession Act to revoke and annul the grant, allowing interested parties to petition for a fresh grant of representation.
Court Disposition
grant revoked and annulled; file closed
Orders
- The grant issued in this cause is revoked and annulled.
- Persons interested in the estate of the deceased Peter Arango Kimuma are at liberty to petition for a fresh grant of representation.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Peter Arango Kimuma (Deceased) (Succession Cause 1141 of 2015) [2023] KEHC 22785 (KLR) (26 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22785 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1141 of 2015
RE Aburili, J
September 26, 2023
In the matter of
Wilkista Agutu Arango
Administrator
Ruling
1. The Grant in this cause was reissued on December 16, 2020 vide orders of December 14, 2020 but no action has been taken to apply for confirmation of the grant.
2. No reasons are advanced for the delay. The grant has become inoperative and of no value or use to the estate.
3. The same is hereby revoked and annulled. The persons interested in the estate of the deceased Peter Arango Kimuma are at liberty to petition for a fresh grant of representation.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE