[2016] KEHC 6567 (KLR)
The court found that the applicants had not demonstrated that they were the personal representatives of the respective estates on whose behalf they purported to act. Without such legal capacity, they lacked standing to bring the application for revocation or annulment of the grant of letters of administration. The...
Source-derived case information.
- Citation
- [2016] KEHC 6567 (KLR)
- Parties
- Petitioner: Peter Panyako Omusugu; Applicant: Patrick Emoit Barasa; Applicant: Bisansio Etyang Ojuma; Applicant: Christopher Omuse Odere
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 184 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application to Revoke Grant of Letters of Administration
- Outcome
- application struck out
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Panyako Omusugu
Petitioner
Patrick Emoit Barasa
Applicant
Bisansio Etyang Ojuma
Applicant
Christopher Omuse Odere
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Revoke Grant of Letters of Administration
Legal Issues
- 1 Whether the applicants have legal capacity to seek revocation or annulment of the grant of letters of administration.
- 2 Whether the grant of letters of administration issued to Peter Panyako Omusugu should be revoked or annulled.
Ratio Decidendi
The court found that the applicants had not demonstrated that they were the personal representatives of the respective estates on whose behalf they purported to act. Without such legal capacity, they lacked standing to bring the application for revocation or annulment of the grant of letters of administration. The court held that, regardless of any entitlement the applicants might have to administer the estates in the future, they did not currently possess the requisite legal authority. Consequently, the application was deemed incompetent and was struck out.
Court Disposition
application struck out
Orders
- The Chamber Summons dated 4th June 2010 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
SUCCESSION CAUSE NO. 184 OF 2009
IN THE MATTER OF THE ESTATE OF OMUSUGU OBARA ANYANGA........(DECEASED)
AND
PETER PANYAKO OMUSUGU.................PETITIONER
RULING
This Court is asked to consider and determine the Chamber Summons dated 4th June 2010 for the following prayers:-
Grant of letters of Administration intestate issued on 5. 10. 2009 to Peter Panyako Omusugu be revoked and /or annulled.
All subsequent orders arising from and incidental to the said grant be nullified.
Costs be provided for.
The evidence before Court is that each of the Applicants have brought this application on behalf of the Estate of their Deceased parents, Patrick Emoit Barasa bring the Application on behalf of the Estate of Francis Barasa Omusugu (Deceased), Bisansio Etyang Ojuma on behalf of the Estate of Saferio Ojuma Omusugu (Deceased) and Christopher Omuse Odere on behalf of the Estate of Thomas Papa Omusugu(Deceased). But in doing so, they have not demonstrated to this Court that they are the Personal Representatives of those respective Estates. Even if they turn out to be the persons entitled to be the Administrators of those Estates, they do not for now have legal capacity to bring this application on behalf of the Estate. (see a string of Decisions including Trouistik Union International & Another Vs Mbeyu & Another [1993] KLR 230, Christine Achieng Ogesa & another vs British American Asset Managers Limited [2012] eKLR). The application is a non-starter and for striking out.
The Chamber Summons of 4th June 2010 hereby struck out with no order as to costs.
Dated, signed and delivered at Busia this 24th February 2016.
F. TUIYOTT
J U D G E
In the Presence of
Orwasa - C/Assistant
…………………….. for Petitioner
………………………for Objectors