[2022] KEHC 17202 (KLR)

[2022] KEHC 17202 (KLR)

The court found that the parties had failed to comply with its directive to file summons for confirmation of grant within the stipulated period, and the reasons advanced for non-compliance were unsatisfactory. Given the age of the matter and the lack of progress, the court exercised its discretion to revoke the...

Source-derived case information.

Citation
[2022] KEHC 17202 (KLR)
Parties
Applicant: Benard Okich Odera; Applicant: Eunice Rosmel Mkoko; Applicant: Albert Odawa
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 5 of 1970
Procedural Posture
Succession Cause / Ruling on Compliance With Court Orders and Revocation of Grant
Outcome
grant of letters of administration intestate revoked; parties to file afresh; estate preserved; file closed
Judges
RE Aburili
Legal Topics
Succession, Grant of Letters of Administration, Revocation of Grant, Estate Preservation
Source Language
en
Family and Children Succession Grant of Letters of Administration Revocation of Grant Estate Preservation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Benard Okich Odera

Applicant

Eunice Rosmel Mkoko

Applicant

Albert Odawa

Applicant

Procedural Posture

Succession Cause / Ruling on Compliance With Court Orders and Revocation of Grant

Legal Issues

  1. 1 Whether the parties complied with the court's directive to file summons for confirmation of grant within the stipulated period.
  2. 2 Whether sufficient reasons were provided for the failure to comply with the court's orders.
  3. 3 Whether further time should be granted for compliance or the grant should be revoked.

Ratio Decidendi

The court found that the parties had failed to comply with its directive to file summons for confirmation of grant within the stipulated period, and the reasons advanced for non-compliance were unsatisfactory. Given the age of the matter and the lack of progress, the court exercised its discretion to revoke the grant of letters of administration intestate previously issued and rectified. The court further ordered that the parties must apply afresh for a grant of letters of administration intestate and directed that there shall be no intermeddling with the estate pending such application, thereby preserving the estate until proper distribution can be undertaken in a new succession cause....

Court Disposition

grant of letters of administration intestate revoked; parties to file afresh; estate preserved; file closed

Orders

  • The grant of letters of administration intestate issued on July 23, 1975 to Albert Odawa (now deceased), as rectified and reissued to Benard Okich Odera and Eunice Rosmel Mkoko on January 16, 2023, is revoked.
  • The parties shall file for a fresh grant of letters of administration intestate in respect of the estate of the deceased Walter Henry Odera.