[2004] KEHC 169 (KLR)
The court found that the applicant, as a co-wife and beneficiary of the deceased's estate, had demonstrated sufficient cause for the extension of time to file her objection to the grant. The applicant was not aware of the petition until after the grant had been made, and there was a legitimate apprehension of...
Source-derived case information.
- Citation
- [2004] KEHC 169 (KLR)
- Parties
- Applicant: Sophia Atieno Odumo; Respondent: Rose Akeyo Odumo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 22 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Extension of Time to File Objection
- Outcome
- application granted
- Judges
- K Bauni
- Legal Topics
- Succession, Grant of Letters of Administration, Extension of Time, Objection to Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophia Atieno Odumo
Applicant
Rose Akeyo Odumo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Extension of Time to File Objection
Legal Issues
- 1 Whether the applicant should be granted extension of time to lodge objections to the grant made on 5th February 2004.
- 2 Whether the applicant, as a co-wife, would suffer prejudice if not allowed to object.
Ratio Decidendi
The court found that the applicant, as a co-wife and beneficiary of the deceased's estate, had demonstrated sufficient cause for the extension of time to file her objection to the grant. The applicant was not aware of the petition until after the grant had been made, and there was a legitimate apprehension of prejudice if she was excluded from the proceedings. The court held that there would be no harm in allowing the application, as both parties are co-wives and entitled to participate in the administration of the estate. Accordingly, the application for extension of time was granted, allowing the applicant to file her objection within 30 days.
Court Disposition
application granted
Orders
- Applicant granted leave to file objections within 30 days.
- Costs in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Succession Cause 22 of 2004
IN THE MATTER OF THE ESTATE OF NICANOR ODUMO ABOK ……..…… DECEASED
AND
SOPHIA ATIENO ODUMO ………………………...............………………………. APPLICANT
VERSUS
ROSE AKEYO ODUMO ……………………….............……………………….. RESPONDENT
RULING:
The applicant seeks court to extend time for her for lodging of objections to the grant made on 5th February 2004.
The applicant is a co-wife of the respondent. Both were wives of the deceased. Applicant is the 2nd wife. She had filed a citation directed to respondent requiring her to file the petition, as she was the first wife. She submitted that after the orders were given the respondent filed the petition. However applicant learnt about it much later.
The application has merit. Applicant stated that she apprehends that the respondent may be prejudice against her. Both are co-wives and there is no harm in allowing the prayer.
Application is granted. Applicant granted leave to file objections within 30 days.
Costs in the cause.
Dated 26th October 2004.
KABURU BAUNI
JUDGE
26/10/04