[2024] KEHC 10586 (KLR)
The court found that the grant issued in 2015 and revoked in 2018 had become useless and inoperational after nine years. As such, it was incapable of being reinstated. The proper procedure for the applicant is to petition for a fresh grant rather than seek reinstatement of a revoked and inoperative grant. The...
Source-derived case information.
- Citation
- [2024] KEHC 10586 (KLR)
- Parties
- Applicant: Samuel Otieno Otiende
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E053 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Reinstatement of Revoked Grant
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revocation of Grant, Reinstatement of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Otiende
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Reinstatement of Revoked Grant
Legal Issues
- 1 Whether a grant revoked for want of summons for confirmation can be reinstated after nine years.
- 2 Whether the applicant is entitled to reinstatement of the revoked grant.
Ratio Decidendi
The court found that the grant issued in 2015 and revoked in 2018 had become useless and inoperational after nine years. As such, it was incapable of being reinstated. The proper procedure for the applicant is to petition for a fresh grant rather than seek reinstatement of a revoked and inoperative grant. The application for reinstatement was therefore declined and dismissed.
Court Disposition
application dismissed
Orders
- Summons dated 30th September 2024 seeking reinstatement of grant are declined and dismissed.
- Petitioner to petition for a fresh grant.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Zablon Otiende Omuodo alias Otiende (Deceased) (Miscellaneous Succession Cause E053 of 2024) [2024] KEHC 10586 (KLR) (4 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10586 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E053 of 2024
RE Aburili, J
September 4, 2024
IN THE MATTER OF THE ESTATE OF ZABLON OTIENDE OMUODO alias OTIENDE (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY SAMUEL OTIENO OTIENDE - APPLICANT
(Arising from original Kisumu HC P&A No. 386 of 2015)
Ruling
1. I have perused the application dated 30th May 2024 seeking for reinstatement of grant revoked on 29th May 2018 for want of summons for confirmation of grant issued on 14th July 2015.
2. It is now 9 years since the said grant issue in P&A No. 386 of 2015 was revoked.
3. The grant became useless and inoperational. It is incapable of being reinstated.
4. The summons dated 30th September 2024 seeking reinstatement are declined and dismissed. The Petitioner to petition for a fresh grant.
5. This Ruling to be typed and uploaded in the CTS. The Applicant to be notified.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE