[2017] KEHC 10119 (KLR)
The court found that the application for revocation of grant raised substantive and pertinent issues regarding the administration and distribution of the deceased's estate, including allegations of fraud. Dismissing the application solely on the basis of the applicants' non-attendance would not resolve the dispute...
Source-derived case information.
- Citation
- [2017] KEHC 10119 (KLR)
- Parties
- Applicant: Joel Ojunga Njore; Applicant: Jackline Adhiambo Onyango; Applicant: Fred Otieno Sida; Respondent: Kennedy Odhiambo Ongidi
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 388 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Application for dismissal declined; costs awarded to respondent for the day; matter set for hearing.
- Judges
- DO Ohungo
- Legal Topics
- Revocation of Grant, Fraudulent Obtainment of Grant, Distribution of Estate, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Ojunga Njore
Applicant
Jackline Adhiambo Onyango
Applicant
Fred Otieno Sida
Applicant
Kennedy Odhiambo Ongidi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was fraudulently obtained by the respondent.
- 2 Whether the application for revocation of grant should be dismissed for non-attendance by the applicants.
- 3 Whether the issues raised in the application warrant a substantive hearing.
Ratio Decidendi
The court found that the application for revocation of grant raised substantive and pertinent issues regarding the administration and distribution of the deceased's estate, including allegations of fraud. Dismissing the application solely on the basis of the applicants' non-attendance would not resolve the dispute with finality. The court exercised its discretion to decline the request for dismissal, instead ordering the applicants to pay the respondent's costs for the day and setting the matter down for substantive hearing.
Court Disposition
Application for dismissal declined; costs awarded to respondent for the day; matter set for hearing.
Orders
- Applicants to pay the respondent's costs for 15/05/17 before the next hearing date.
- Matter to be set down for hearing on 27/07/17.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT HOMA BAY
SUCCESSION CAUSE NO.388 OF 2014
FORMERLY OYUGIS SUCC. CAUSE NO.186 OF 2013
IN THE MATTER KOF THE ESTATE OF:
M O O ................................................................DECEASED
AND
JOEL OJUNGA NJORE
JACKLINE ADHIAMBO ONYANGO.............APPLICANTS
FRED OTIENO SIDA
VERSUS
KENNEDY ODHIAMBO ONGIDI.............. RESPONDENT
RULING
1. When M O O died on 12th February 2009, KENNEDY ODHIAMBO ONGIDI (Petitioner) applied for and obtained grant of letters of administration for his estate vide Oyugis Succession Cause No.186 of 2013.
2. He did so in his capacity as the purchaser of parcel NO. [Particulars withheld]which belonged to the deceased.
3. He presented a letter dated 08/08/2013 written by Chief TOBIAS O. ADEDE of KOKWANYO location who stated that before the deceased’s demise, he was selling a portion of the aforementioned parcel measuring approximately 2-3 acres to the petitioner at a cost of Kshs.165,000/=.
4. Another letter dated 18/03/2015 written by the same Chief stated that J A O (a widow of the deceased) had three issues namely:-
M A O 12 years
D O O 9 years
E O O 4 years
5. When Kennedy petitioned for confirmation of the grant, he proposed in the supporting affidavit that the estate be distributed as follows:-
KENNEDY ODHIAMBO ONGIDI – 1. 44 Hectares
J A O – 1. 8 Hectares
6. However later on J A and FRED OSIDO applied for revocation of the grant saying the same was fraudulently obtained.
7. At the hearing on 15/05/2017 by 11. 45 a.m. the applicants had not turned up in court, and the petitioner urged the court to dismiss the application.
8. I have perused the application and the responses and I am of the view that it raises such pertinent issues to the extent that a dismissal will not resolve the dispute with finality. I therefore decline to dismiss the same but direct that the applicants meet the petitioner’s costs for 15/05/17 and be paid before next hearing date.
9. The hearing shall be on 27/07/17.
Delivered and dated on this 29th day of June, 2017 at Homa Bay
H.A. OMONDI
JUDGE