[2024] KEHC 2610 (KLR)
The court found that the citation was properly served on all relevant parties and that there was no objection to the citors proceeding with the petition for representation. However, since Patrick Wanyangi Khalonyere, a citee, expressed willingness to be included as a co-petitioner and there was no objection from the...
Source-derived case information.
- Citation
- [2024] KEHC 2610 (KLR)
- Parties
- Applicant: Peter Etton Ochieng Wanyanga; Applicant: Evans Meshack Wanyanga; Respondent: Grace Asiko Ochieng; Respondent: Rosemary Naliali; Respondent: Linet Ochwada; Respondent: Dancan Onyino; Respondent: Nelson Ombito; Respondent: David Khalonyere; Respondent: Patrick Khalonyere; Respondent: Auma Odeny; Respondent: Andrew Kagira; Respondent: Achieng Wanyanga; Respondent: Athiambo David Ojiambo; Respondent: Josiah Wanyanga; Respondent: Abdala Wanyanga; Respondent: Martin Wanyanga; Respondent: Patrick Wanyangi Khalonyere
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2 of 2023
- Procedural Posture
- Succession Cause / Ruling on Citation for Grant of Representation
- Outcome
- leave granted to citors and Patrick Wanyangi Khalonyere to jointly petition for representation within 30 days
- Judges
- WM Musyoka
- Legal Topics
- Probate and Administration, Citation Procedure, Grant of Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Etton Ochieng Wanyanga
Applicant
Evans Meshack Wanyanga
Applicant
Grace Asiko Ochieng
Respondent
Rosemary Naliali
Respondent
Linet Ochwada
Respondent
Dancan Onyino
Respondent
Nelson Ombito
Respondent
David Khalonyere
Respondent
Patrick Khalonyere
Respondent
Auma Odeny
Respondent
Andrew Kagira
Respondent
Achieng Wanyanga
Respondent
Athiambo David Ojiambo
Respondent
Josiah Wanyanga
Respondent
Abdala Wanyanga
Respondent
Martin Wanyanga
Respondent
Patrick Wanyangi Khalonyere
Respondent
Procedural Posture
Succession Cause / Ruling on Citation for Grant of Representation
Legal Issues
- 1 Whether the citors should be granted leave to petition for representation to the estate of the deceased.
- 2 Whether Patrick Wanyangi Khalonyere should be included as a co-petitioner for the grant of representation.
- 3 Whether the citation procedure was properly served and responded to.
Ratio Decidendi
The court found that the citation was properly served on all relevant parties and that there was no objection to the citors proceeding with the petition for representation. However, since Patrick Wanyangi Khalonyere, a citee, expressed willingness to be included as a co-petitioner and there was no objection from the citors, the court granted leave to the citors and Patrick Wanyangi Khalonyere to jointly petition for representation to the estate of the deceased. The leave was granted for 30 days, after which the matter would be mentioned to confirm compliance and potentially close the file. The court emphasized the importance of inclusivity and procedural fairness in succession matters,...
Court Disposition
leave granted to citors and Patrick Wanyangi Khalonyere to jointly petition for representation within 30 days
Orders
- Leave is granted to Peter Etton Ochieng Wanyanga, Evans Meshack Wanyanga, and Patrick Wanyangi Khalonyere to jointly petition for representation to the estate of the deceased within 30 days.
- The matter shall be mentioned on 24th April 2024 to confirm compliance and for possible closure of the file.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Solomon Otsieng’i Wanyanga (Deceased) (Succession Cause 2 of 2023) [2024] KEHC 2610 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2610 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 2 of 2023
WM Musyoka, J
March 15, 2024
IN THE MATTER OF THE ESTATE OF SOLOMON OTSIENG’I WANYANGA (DECEASED)
Ruling
1. This ruling is with respect to a citation that Peter Etton Ochieng Wanyanga and Evans Meshack Wanyanga, the citors herein, obtained, dated 6th April 2023, for service upon their mother, Grace Asiko Ochieng, and their siblings, Rosemary Naliali, Linet Ochwada, Dancan Onyino, Nelson Ombito, David Khalonyere, Patrick Khalonyere, Auma Odeny, Andrew Kagira, Achieng Wanyanga, Athiambo David Ojiambo, Josiah Wanyanga, Abdala Wanyanga and Martin Wanyanga, the citees herein.
2. There is an affidavit of service, sworn on 29th November 2023, by Peter Odwori, indicating that the citation was served on the citees.
3. I have seen a replying affidavit, by Patrick Wanyangi Khalonyere, which he swore on 30th January 2024. He accepts that the citors may go ahead and petition for representation, with a rider that he should also be considered to be a co-petitioner. He points out that the names of some of the citees had been misspelt, and that a surviving spouse of the deceased had been omitted from the list of survivors.
4. The citors did not respond to the reply by Patrick Wanyangi Khalonyere, either to object to his proposal or to support it.
5. The directions that I shall give, with respect to the citation, is that I grant leave to the citors herein, Peter Etton Ochieng Wanyanga and Evans Meshack Wanyanga, and Patrick Wanyangi Khalonyere, to jointly petition for representation to the estate of the deceased herein. the leave is for 30 days. The matter shall be mentioned on 24th April 2024, to confirm whether that has happened, and for the purpose of having this file closed, if there will be compliance. It is so ordered.
RULING DATED AND SIGNED AT BUSIA AND DELIVERED ON THIS 15TH DAY OF MARCH 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Patrick Wanyangi Khalonyere, in person.AdvocatesMr. Bwire, instructed by Oundo Muriuki & Company, for the Applicant.