[2024] KEHC 6198 (KLR)
The court held that since the grant of letters of administration had been revoked and no new administrator had been appointed, no further steps could be taken in the administration of the estate, including the filing of summons for confirmation of grant. The only operative order remaining is the preservation of the...
Source-derived case information.
- Citation
- [2024] KEHC 6198 (KLR)
- Parties
- Objector: Caren Akoth Awuor; Respondent: Benter Aoko Awuor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 157 of 1995
- Procedural Posture
- Succession Cause / Ruling on Post Revocation Status and Directions
- Outcome
- File closed; parties to petition afresh before the court of competent jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Revocation of Grant, Appointment of Administrator, Preservation of Estate, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caren Akoth Awuor
Objector
Benter Aoko Awuor
Respondent
Procedural Posture
Succession Cause / Ruling on Post Revocation Status and Directions
Legal Issues
- 1 Whether the court should issue further orders after revocation of the grant of letters of administration.
- 2 Whether the estate should be preserved pending appointment of a new administrator.
- 3 Which court has jurisdiction for fresh succession proceedings given the estate value.
Ratio Decidendi
The court held that since the grant of letters of administration had been revoked and no new administrator had been appointed, no further steps could be taken in the administration of the estate, including the filing of summons for confirmation of grant. The only operative order remaining is the preservation of the estate through restrictions placed on the relevant land parcels. The court further directed that, as the value of the estate does not exceed Kshs.20,000,000, any fresh succession proceedings must be filed before the Tamu Law Courts, which has the requisite geographical jurisdiction. The file before the High Court at Kisumu was accordingly closed, and beneficiaries were directed...
Court Disposition
File closed; parties to petition afresh before the court of competent jurisdiction.
Orders
- The file is closed.
- Beneficiaries to petition afresh for a grant before Tamu Law Courts.
Full Case Text
Judgment text and source record
25 paragraphs
In re George Habil Awuor Achola (Deceased) (Succession Cause 157 of 1995) [2024] KEHC 6198 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6198 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 157 of 1995
RE Aburili, J
May 29, 2024
In the matter of
Caren Akoth Awuor
Objector
and
Benter Aoko Awuor
Respondent
Ruling
1. On 7th February 2023, T. A. Odera J revoked the grant of letters of administration intestate issued to the Petitioner/Respondent on 7th December 1998 and confirmed on 30th May 2014.
2. The court also issued an order to the Land Registrar, Awasi to preserve the deceased’s estate by placing restrictions on any dealings on Land Parcel Nos. Tamu/God-Abuoro/214 and Tamu/God-Abuoro/614 or any titles borne from these two land parcels until an administrator is appointed by the court.
3. The parties were also directed to file summons for confirmation of grant within 30 days therefrom.
4. The latter order could only be given effect if an administrator was appointed by the court.
5. As no administrator has been appointed and none has been brought forth for appointment, the order for filing of summons for confirmation of grant within 30 days lapsed.
6. As the grant was revoked, there is nothing else remaining other than the order preserving the estate of the deceased, which order remains valid.
7. Accordingly, this file is closed and the beneficiaries of the estate of George Habil Awuor Achola (Deceased) shall now petition afresh the court for a fresh grant.
8. As the estate value does not exceed Kshs.20,000,000, any succession proceedings shall be filed before Tamu Law Courts which has the Geographical jurisdiction to hear the cause, the Land Registry being at Awasi.
9. This file is closed.
10. Ruling and order to be typed and uploaded.
Dated, Signed and Delivered at Kisumu this 29thDay of May, 2024R. E. ABURILIJUDGEPage 2 of 2