[2024] KEHC 3733 (KLR)
The court found that the original grant had become inoperational and useless by effluxion of time, as it was obtained over 32 years ago solely for the purpose of accessing terminal benefits and was not used to administer the entire estate. The attempt to rectify the grant to include an additional asset after such a...
Source-derived case information.
- Citation
- [2024] KEHC 3733 (KLR)
- Parties
- Applicant: Alice Marenya Nyanjom; Applicant: James Ochieng Ger
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E011 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- grant revoked and annulled; fresh petition ordered
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Rectification of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Marenya Nyanjom
Applicant
James Ochieng Ger
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should allow rectification of the grant to include an additional asset over 32 years after confirmation of the original grant.
- 2 Whether the existing grant remains valid or has become inoperational due to effluxion of time.
Ratio Decidendi
The court found that the original grant had become inoperational and useless by effluxion of time, as it was obtained over 32 years ago solely for the purpose of accessing terminal benefits and was not used to administer the entire estate. The attempt to rectify the grant to include an additional asset after such a long period amounted to piecemeal succession proceedings, which the court does not condone. Accordingly, the court revoked and annulled the grant and directed the beneficiaries to file a fresh petition listing all assets and beneficiaries before the appropriate court.
Court Disposition
grant revoked and annulled; fresh petition ordered
Orders
- The grant issued to Alice Marenya Nyanjom and Dr. James Ochieng Ger on 3rd September 1993 and confirmed on 22nd July 1994 is revoked and annulled.
- The widow and her children, as beneficiaries, are to petition afresh for a grant before Siaya High Court, listing all beneficiaries and assets of the deceased’s estate.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Tom Nyanjom Ger (Deceased) (Miscellaneous Succession Cause E011 of 2024) [2024] KEHC 3733 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3733 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E011 of 2024
RE Aburili, J
April 15, 2024
IN THE MATTER OF THE ESTATE OF TOM NYANJOM GER (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY ALICE MARENYA NYANJOM AND JAMES OCHIENG GER- APPLICANTS
Ruling
1. The summons for rectification of grant dated 8th January 2024 seeks to include land parcel No. East Gem/Uranga/561 as the asset of the estate.
2. This Succession Cause was filed in 1992 vide P&A Cause No. 184 of 1992 on 6th October 1992 only five (5) months after the death of Tom Nyanjom Ger.
3. The only asset listed was an account with National Bank of Kenya, Kisumu, being benefits from Customs Department. It is clear that the Petitioner was only interested in the terminal benefits and upon receipt thereof, she went to slumber and it is now over 32 years since she obtained grant which was confirmed in her favour.
4. She now wants another asset of the deceased to be included and hence, rectification of the grant.
5. I have considered the summons for rectification of grant as filed.
6. I find no basis upon which to grant the orders sought as the Petitioners want this court to approve piecemeal succession proceedings.
7. That grant served its purpose and became inoperational and useless by effluxion of time. I hereby revoke and annul the grant issued to the Petitioner herein Alice Marenya Nyanjom and Dr. James Ochieng Ger on 3rd September 1993 as confirmed on 22nd July 1994.
8. The widow and her children who are the beneficiaries of the estate to petition afresh for a grant before Siaya High Court, listing all beneficiaries and assets of the deceased’s estate.
9. Ruling to be typed.
10. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF APRIL, 2024R. E. ABURILIJUDGE