[2017] KEHC 1863 (KLR)
The court found that the applicant failed to demonstrate any legal defect in the proceedings leading to the grant or any fraudulent conduct by the petitioner in obtaining the grant. The mere existence of a pending forgery case was not shown to have any direct relevance to the succession cause. The applicant did not...
Source-derived case information.
- Citation
- [2017] KEHC 1863 (KLR)
- Parties
- Applicant: John Ouma Ekesa; Respondent: Ernest Ochieng Murere
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 61 of 2012
- Procedural Posture
- Probate and Administration / Ruling on Application for Revocation of Grant
- Outcome
- application dismissed
- Judges
- KW Kiarie
- Legal Topics
- Succession, Revocation of Grant, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ouma Ekesa
Applicant
Ernest Ochieng Murere
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the petitioner had authority to file the succession cause without consulting the applicant.
- 2 Whether the pending forgery case against the petitioner affects the validity of the grant.
- 3 Whether the grounds raised meet the legal threshold for revocation of grant.
Ratio Decidendi
The court found that the applicant failed to demonstrate any legal defect in the proceedings leading to the grant or any fraudulent conduct by the petitioner in obtaining the grant. The mere existence of a pending forgery case was not shown to have any direct relevance to the succession cause. The applicant did not establish that the petitioner lacked the legal basis to file the succession cause, nor did he show that the grant was obtained improperly. Consequently, the application for revocation of the grant was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for revocation of grant is dismissed for lack of merit, with costs.
- The parties are directed to ensure that the succession cause is concluded within six months.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO. 61 OF 2012
IN THE ESTATE OF:
MUKEMO NDEGE MURERE…………………………DECEASED
BETWEEN
JOHN OUMA EKESA..............................APPLICANT/OBJECTOR
AND
ERNEST OCHIENG MURERE....................................PETITIONER
RULING
JOHN OUMA EKESA the objector herein filed an application dated 28th March 2012 for revocation of the grant herein on the following grounds:
1. That the petitioner does not have the authority to share out the property without consulting the applicant.
2. That the petitioner was sued for forgery in Busia HCCC NO.44 of 2011 which is still pending.
3. That the petitioner filed this cause without a legal basis.
I have perused the affidavits of both parties. The issues brought out by the applicant herein do not meet the threshold for annulling a grant.
The applicant and the petitioner are brothers and the applicant has not convinced this court why he says that the petitioner lacks the legal basis to file this succession cause. He equally did not demonstrate what the charge of forgery has to do with this cause.
I have noted that this succession cause has taken a very long time to be finalized. I am making an order for the parties to ensure that this cause is brought to a conclusion within the next six months.
The application is therefore dismissed for lack of merits, with costs.
DELIVEREDandSIGNEDatBUSIA this 5thdayof December, 2017
KIARIE WAWERU KIARIE
JUDGE