[2012] KEHC 4334 (KLR)

[2012] KEHC 4334 (KLR)

The court found that the grant issued on 26th July 1991 had become inoperative due to the death of one of the administrators and the failure to confirm the grant within one year as required by law. The court exercised its powers under Section 76(e) of the Succession Act to annul the grant. The court further held that, due to non-compliance with the order of 18th January 2005 requiring documentation to confirm the heirs, it could not issue a fresh grant as requested. The court directed that the rightful heirs are at liberty to petition afresh with all requisite documentation for the court's consideration.

Citation
[2012] KEHC 4334 (KLR)
Parties
Applicant: Leonida Onyango Oguga; Co Administratrix: Esther Adhiambo Oguga (deceased); Respondent: Daniel Oduor Oguga
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 May 2012
Case Number
Succession Cause 34 of 1988
Procedural Posture
Succession Cause / Ruling on Summons for Revocation and Re Issuance of Grant
Outcome
grant annulled; application for fresh grant denied; liberty to petition afresh granted
Judges
CN Mugo
Legal Topics
Succession, Grant Revocation, Estate Administration
Source Language
English
Family and Children Succession Grant Revocation Estate Administration

Case Brief

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Parties

Leonida Onyango Oguga

Applicant

Esther Adhiambo Oguga (deceased)

Co Administratrix

Daniel Oduor Oguga

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Revocation and Re Issuance of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration ad litem should be revoked due to the death of a co-administratrix and lack of confirmation within the statutory period.
  2. 2 Whether a fresh grant can be issued to the applicant and another beneficiary in light of non-compliance with previous court orders.

Ratio Decidendi

The court found that the grant issued on 26th July 1991 had become inoperative due to the death of one of the administrators and the failure to confirm the grant within one year as required by law. The court exercised its powers under Section 76(e) of the Succession Act to annul the grant. The court further held that, due to non-compliance with the order of 18th January 2005 requiring documentation to confirm the heirs, it could not issue a fresh grant as requested. The court directed that the rightful heirs are at liberty to petition afresh with all requisite documentation for the court's consideration.

Court Disposition

grant annulled; application for fresh grant denied; liberty to petition afresh granted

Orders

  • The grant issued on 26th July 1991 is annulled under Section 76(e) of the Succession Act.
  • Prayers for a fresh grant are denied due to non-compliance with the order of 18th January 2005.