[2015] KEHC 2677 (KLR)

[2015] KEHC 2677 (KLR)

The court found that since there was an existing succession cause in the Mombasa High Court (Succession Cause No. 221 of 2003) regarding the estate of the deceased, the grant of letters of administration issued in Rongo Principal Magistrate Succession Cause No. 256 of 2013 was unlawful. The matter was res judicata,...

Source-derived case information.

Citation
[2015] KEHC 2677 (KLR)
Parties
Applicant: Patrick Odhiambo Okello & Another; Respondent: Dorine Aribeta Oyugi
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Succession Cause 60 of 2014
Procedural Posture
Succession Cause / Judgment
Outcome
Grant of letters of administration in Rongo Principal Magistrate Succession Cause No. 256 of 2013 revoked; costs awarded to applicants.
Judges
J Wakiaga
Legal Topics
Grant of Letters of Administration, Revocation of Grant, Res Judicata, Succession Procedure
Source Language
en
Family and Children Grant of Letters of Administration Revocation of Grant Res Judicata Succession Procedure

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Summary, issues, holding and outcome

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Parties

Patrick Odhiambo Okello & Another

Applicant

Dorine Aribeta Oyugi

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the grant of letters of administration issued in Rongo Principal Magistrate Succession Cause No. 256 of 2013 was lawful in light of an existing succession cause in Mombasa High Court.
  2. 2 Whether the principle of res judicata applies to the grant in question.

Ratio Decidendi

The court found that since there was an existing succession cause in the Mombasa High Court (Succession Cause No. 221 of 2003) regarding the estate of the deceased, the grant of letters of administration issued in Rongo Principal Magistrate Succession Cause No. 256 of 2013 was unlawful. The matter was res judicata, and the subsequent grant and all orders arising from it were revoked. The applicants were entitled to costs.

Court Disposition

Grant of letters of administration in Rongo Principal Magistrate Succession Cause No. 256 of 2013 revoked; costs awarded to applicants.

Orders

  • The grant of letters of administration issued in Rongo Principal Magistrate Succession Cause No. 256 of 2013 is revoked.
  • All subsequent orders arising from the revoked grant are set aside.