[2023] KEHC 26148 (KLR)
The court found that since the sole administrator, Concepta Makwari Baraza, died before distributing the estate to all beneficiaries, the confirmed grant became inoperative and useless. In accordance with section 76(e) of the Law of Succession Act, the court revoked and annulled the grant. The court further held...
Source-derived case information.
- Citation
- [2023] KEHC 26148 (KLR)
- Parties
- Applicant: Amina Khanyako Mukoya; Respondent: Concepta Makwari Baraza
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 178 of 2010
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant
- Outcome
- Grant revoked and annulled; liberty granted to petition for fresh grant; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Revocation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amina Khanyako Mukoya
Applicant
Concepta Makwari Baraza
Respondent
Procedural Posture
Succession Cause / Ruling on Revocation of Grant
Legal Issues
- 1 Whether the grant issued to the sole administrator, now deceased, should be revoked as it became inoperative and useless.
- 2 Whether the beneficiary is entitled to petition for a fresh grant to administer the estate.
Ratio Decidendi
The court found that since the sole administrator, Concepta Makwari Baraza, died before distributing the estate to all beneficiaries, the confirmed grant became inoperative and useless. In accordance with section 76(e) of the Law of Succession Act, the court revoked and annulled the grant. The court further held that the surviving beneficiary is at liberty to petition for a fresh grant before a court with local jurisdiction over the deceased's domicile, to ensure proper administration and distribution of the estate. The file was ordered closed, and the ruling to be typed.
Court Disposition
Grant revoked and annulled; liberty granted to petition for fresh grant; file closed.
Orders
- The grant issued to Concepta Makwari Baraza is revoked and annulled.
- The beneficiary is at liberty to petition for a fresh grant to administer the estate of Shisia Opoli Omari.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Shisia Opoli Omari (Deceased) (Succession Cause 178 of 2010) [2023] KEHC 26148 (KLR) (29 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26148 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 178 of 2010
RE Aburili, J
November 29, 2023
IN THE MATTER OF THE ESTATE OF SHISIA OPOLI OMARI – DECEASED AND IN THE MATTER OF AN APPLICATION BY AMINA KHANYAKO - APPLICANT
Ruling
1. The grant was issued on June 22, 2010 to Concepta Makwari Baraza.
2. The Petitioner is said to have died before the estate was fully distributed to the beneficiaries albeit the grant was confirmed on April 29, 2011 and the sole asset North Wanga/Matungu/1132 taken by her solely.
3. Since the sole administrator is now dead before sharing out the estate to herself and her sole surviving sister Amina Khanyako Mukoya, in the premises, as the grant became inoperative and useless, the same is hereby revoked and annulled.
4. The beneficiary is now at liberty to petition for a fresh grant to administer the estate of Shisia Omari deceased. The same shall be filed within the court with local jurisdiction or proximity to the domicile of the deceased Shisia Omari.
5. This file is closed.
6. Ruling to be typed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE