[2024] KEHC 5425 (KLR)
The court found that the grant issued to the applicant in 1997 had become useless, inoperational, and incapable of being confirmed due to the applicant's failure to seek confirmation for over 27 years. The applicant's explanation of ill health was unsupported by any documentary evidence. The court held that,...
Source-derived case information.
- Citation
- [2024] KEHC 5425 (KLR)
- Parties
- Applicant: Joseph Kiprop Mursi; Respondent: William Kipsang Mosonik (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E025 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application to Reopen Succession File
- Outcome
- Application to reopen the succession file declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiprop Mursi
Applicant
William Kipsang Mosonik (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application to Reopen Succession File
Legal Issues
- 1 Whether the court should reopen a succession file to allow confirmation of a grant issued over 27 years ago.
- 2 Whether the delay in seeking confirmation of grant is excusable under the Law of Succession Act.
- 3 Whether the grant issued in 1997 remains valid and capable of confirmation.
Ratio Decidendi
The court found that the grant issued to the applicant in 1997 had become useless, inoperational, and incapable of being confirmed due to the applicant's failure to seek confirmation for over 27 years. The applicant's explanation of ill health was unsupported by any documentary evidence. The court held that, pursuant to Section 76(d)(i) of the Law of Succession Act, the grant was due for revocation and that there was no legal basis to reopen the file. The only recourse available to the applicant was to petition afresh for a new grant. Accordingly, the application to reopen the file was declined and the file was ordered closed.
Court Disposition
Application to reopen the succession file declined; file closed.
Orders
- The application to reopen the file is declined.
- The Petitioner to petition afresh for a grant.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of William Kipsang Mosonik (Deceased) (Miscellaneous Succession Cause E025 of 2024) [2024] KEHC 5425 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5425 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E025 of 2024
RE Aburili, J
May 22, 2024
IN THE MATTER OF THE ESTATE OF WILLIAM KIPSANG MOSONIK (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JOSEPH KIPROP MURSI – APPLICANT
Ruling
1. This Succession Cause was filed in 1996 vide Succession 176 of 1996 by Joseph Kiprop Mursi to administer the estate of the deceased William Kipsang Mosonik.
2. The grant was issued on 4th February 1997. Todate, no application for confirmation of grant has been filed.
3. The file was closed and archived.
4. The Petitioner now seeks to reopen the file so that he can apply for confirmation of grant, on account that he became unwell and hence the delay. There is no single document showing the inability of the Petitioner to apply for grant to be confirmed.
5. It is now over 27 years since the grant was issued and no application filed to confirm it.
6. No doubt, the grant issued on 4th February 1997 became useless and inoperational and incapable of being confirmed. It fell due for revocation along ago, under Section 76 (d) (i) of the Law of Succession.
7. Accordingly, I decline to reopen the file whose grant is stale.
8. The Petitioner to petition afresh.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF MAY, 2024R. E. ABURILIJUDGE