[2024] KEHC 2394 (KLR)
The court allowed the withdrawal of the application dated 23rd February 2024 with no orders as to costs. It directed that the order revoking the previous grant be issued to the applicant's counsel and clarified that the applicant is at liberty to petition for a fresh grant of letters of administration intestate, as...
Source-derived case information.
- Citation
- [2024] KEHC 2394 (KLR)
- Parties
- Applicant: Hakima Mohamed Muhumed
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E010 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Withdrawal of Application and Directions on Administration of Estate
- Outcome
- Application withdrawn; directions issued regarding fresh petition for grant; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Revocation, Letters of Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hakima Mohamed Muhumed
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Withdrawal of Application and Directions on Administration of Estate
Legal Issues
- 1 Whether the application dated 23rd February 2024 should be withdrawn without orders as to costs.
- 2 Whether the applicant is at liberty to petition for a fresh grant of letters of administration intestate after revocation of the previous grant.
Ratio Decidendi
The court allowed the withdrawal of the application dated 23rd February 2024 with no orders as to costs. It directed that the order revoking the previous grant be issued to the applicant's counsel and clarified that the applicant is at liberty to petition for a fresh grant of letters of administration intestate, as the previous grant had been revoked and was no longer valid. The file was ordered closed, reflecting the finality of the directions given.
Court Disposition
Application withdrawn; directions issued regarding fresh petition for grant; file closed.
Orders
- The application dated 23rd February 2024 is marked as withdrawn with no orders as to costs.
- The order made in P&A No. 1227 of 2013 on 9th April 2018 revoking the grant is to be typed and issued to the applicant's counsel.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Simon Mwangi Komo (Deceased) (Miscellaneous Succession Cause E010 of 2024) [2024] KEHC 2394 (KLR) (8 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2394 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E010 of 2024
RE Aburili, J
March 8, 2024
IN THE MATTER OF THE ESTATE OF SIMON MWANGI KOMO (DECEASED)
In the matter of
Hakima Mohamed Muhumed
Applicant
Ruling
1. On the application by the Petitioner/Applicant’s counsel, the application dated 23rd February 2024 be and is hereby marked as withdrawn with no orders as to costs.
2. I direct that the order made in P&A No. 1227 of 2013 on 9th April 2018 by E. N. Maina J revoking the grant issued to the Petitioner Hakima Mohamed Muhumed in respect of the estate of the late Simon Mwangi Komo be typed and issued to the Petitioner/Applicant’s counsel.
3. The Petitioner/Applicant is at liberty to petition for a fresh grant of letters of administration intestate to administer the estate of the late Simon Mwangi Komo as the grant which was issued to her on 25th August 2014 and revoked on 9th April 2018 became useless and inoperational for all purposes.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF MARCH, 2024R. E. ABURILIJUDGE