[2021] KEHC 8850 (KLR)
The court held that since the applicant is a beneficiary under the confirmed grant, which provides for a 50:50 holding in trust for each household, her interests are already protected by the confirmation order. If she feels disinherited or deprived of her share, her remedy is to sue for her share in the trust...
Source-derived case information.
- Citation
- [2021] KEHC 8850 (KLR)
- Parties
- Applicant: Noel Opanda; Respondent: Margaret Aluoch Ongeta; Respondent: Jennifer Abutu Owande
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 75 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Trusts in Estate, Beneficial Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noel Opanda
Applicant
Margaret Aluoch Ongeta
Respondent
Jennifer Abutu Owande
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the applicant is entitled to revocation of the confirmed grant where she has a beneficial interest in the estate.
- 2 Whether the applicant's remedy lies in revocation or in suing for her share as a beneficiary under trust.
Ratio Decidendi
The court held that since the applicant is a beneficiary under the confirmed grant, which provides for a 50:50 holding in trust for each household, her interests are already protected by the confirmation order. If she feels disinherited or deprived of her share, her remedy is to sue for her share in the trust estate, not to seek revocation of the grant. The application for revocation was therefore found to be incompetent and dismissed.
Court Disposition
application dismissed
Orders
- The application dated 3/2/2021 is dismissed with no orders as to costs.
- File closed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
SUCCESSION CAUSE NO. 75 OF 2016
CORAM: HON. R.E. ABURILI, J
IN THE MATTER OF THE ESTATE OF WILLIAM WANJELAOPENDAALIAS
WANJELA OPENDA (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY:
NOEL OPENDA.....................................................................OBJECTOR/APPLICANT
VERSUS
MARGARET ALUOCH ONGETA.................................................1ST RESPONDENT
JENNIFER ABUTU OWANDE......................................................2ND RESPONDENT
RULING
1. The proceedings in the file conducted by Hon. J.A Makau J and concluded on 24/11/2017 confirming the grant in favour of the two Respondents herein are clear that the Respondents were to hold the estate of the deceased in the ratio of 50:50 and each to be joint owner and to hold the same in trust for each one’s respective household.
2. That being the case, a grant issued and confirmed where the Applicant has a beneficial interest, she is covered by the Confirmation Order.
3. In the event that she is being disinherited, she has a right to sue for her share in the trust Estate and not to seek for revocation of the grant.
4. Accordingly, the application dated filed on 3/2/2021 be and is hereby found to be incompetent and is hereby dismissed with no orders as to costs.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 1st Day of March 2021
R.E. ABURILI
JUDGE
In the Presence of:
Applicant and her counsel Ms. Orao Advocate
1st & 2nd Respondents and their counsel Miss Obware Advocate
Court Assistants: Ms. Modestar and Mr. Mboya