[2024] KEHC 12844 (KLR)
The High Court declined to consider the application for revocation of grant because the property Central Alego/Holo/1560, which the applicant seeks to benefit from, was not part of the property distributed in the certificate of confirmation of grant as rectified in this matter. Furthermore, the property is the...
Source-derived case information.
- Citation
- [2024] KEHC 12844 (KLR)
- Parties
- Applicant: Wycliff Ogolla Ochieng; Respondent: William Ochieng Ogwang (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Succession Procedure, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliff Ogolla Ochieng
Applicant
William Ochieng Ogwang (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the High Court can entertain an application for revocation of grant in respect of property not included in the confirmed grant in this cause.
- 2 Whether the applicant should seek remedy in the lower court where the property is subject to separate succession proceedings.
Ratio Decidendi
The High Court declined to consider the application for revocation of grant because the property Central Alego/Holo/1560, which the applicant seeks to benefit from, was not part of the property distributed in the certificate of confirmation of grant as rectified in this matter. Furthermore, the property is the subject of separate succession proceedings in Kisumu Chief Magistrate’s Court Succession Cause No. 195 of 2016. The proper forum for the applicant to challenge the grant relating to that property is the lower court handling those proceedings. The application was therefore struck out, and the applicant was directed to approach the lower court for appropriate relief.
Court Disposition
application struck out
Orders
- The application dated 18th September 2024 is struck out.
- The applicant is directed to approach the lower court to challenge the grant issued and confirmed in Kisumu Chief Magistrate Succession Cause No. 195 of 2016.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of William Ochieng Ogwang (Deceased) (Succession Cause 20 of 2018) [2024] KEHC 12844 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12844 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 20 of 2018
RE Aburili, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF WILLIAM OCHIENG OGWANG - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WYCLIFF OGOLLA OCHIENG and WILLIAM OCHIENG OGWANG - APPLICANTS
Ruling
1. I have considered the application for revocation of grant dated 18th September, 2024. I observe that the estate property Central Alego/Holo/1560 which the Applicant seeks to benefit from as a beneficiary in the estate of William Ochieng Ogwang as a creditor is not part of the property distributed vide the Certificate of confirmation of grant as rectified on 12th October 2022 in this matter. There is also Succession Cause No. 195 of 2016 before Kisumu Chief Magistrate’s Court where that property is subject of succession proceedings, I decline to consider the application dated 18th September 2024 in these proceedings.
2. The application dated 18th September 2024 is struck out and the Applicant is directed to approach the lower court to be guided on how he can file an appropriate application to challenge the grant issued and confirmed in Kisumu Chief Magistrate Succession Cause No. 195 of 2016.
3. This file is therefore closed.
4. This Ruling to be typed and uploaded in the CTS.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE