[2016] KEHC 2392 (KLR)
The court found that while the applicants had been provided for by their late husband, they had established residence on 1 acre of NORTH SAKWA/NYAWITA/842 and the respondent did not object to them retaining this portion. The grant was revoked and re-issued to provide the applicants with a life interest in 1 acre of...
Source-derived case information.
- Citation
- [2016] KEHC 2392 (KLR)
- Parties
- Applicant: Susan Ogutu Oloo; Applicant: Lucia Abaja Oloo; Applicant: Joyce Oloo; Respondent: Doris Odindo Omolo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 425 of 1998
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- partially allowed
- Judges
- DAS Majanja
- Legal Topics
- Revocation of Grant, Life Interest, Beneficiary Rights, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Susan Ogutu Oloo
Applicant
Lucia Abaja Oloo
Applicant
Joyce Oloo
Applicant
Doris Odindo Omolo
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be revoked for failure to disclose beneficiaries.
- 2 Whether the applicants are entitled to a share of the deceased's estate, specifically 1 acre of NORTH SAKWA/NYAWITA/842.
- 3 Whether the applicants have already been provided for by their late husband and are at risk of disinheritance.
Ratio Decidendi
The court found that while the applicants had been provided for by their late husband, they had established residence on 1 acre of NORTH SAKWA/NYAWITA/842 and the respondent did not object to them retaining this portion. The grant was revoked and re-issued to provide the applicants with a life interest in 1 acre of the property, with the interest reverting to the respondent upon the death of the last applicant. The court balanced the interests of the applicants as beneficiaries with the respondent's rights as administrator, ensuring no party was unjustly disinherited or deprived of their lawful share.
Court Disposition
partially allowed
Orders
- The certificate of confirmation dated 12th October, 1999 is revoked and re-issued to provide that 1 acre of NORTH SAKWA/NYAWITA/842 shall be held by Susan Ogutu Oloo, Lucia Abaja Oloo, and Joyce Oloo for their life.
- Upon the death of the last of the three applicants, the 1 acre interest shall revert to Doris Odindo Omolo.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
SUCCESSION CAUSE NO. 425 OF 1998
IN THE MATTER OF THE ESTATE OF
HENRY OLOO OMOLLO (DECEASED)
BETWEEN
SUSAN OGUTU OLOO ..………..…….......………...........…..… 1ST APPLICANT
LUCIA ABAJA OLOO ……………….….……….……..……… 2ND APPLICANT
JOYCE OLOO …………..…………………….….......………… 3RD APPLICANT
AND
DORIS ODINDO OMOLO ……...........…….......PETITIONER/ADMINISTRATOR
RULING
1. The deceased, HENRY OLOO OMOLO, died on 19th August 1998. His wife and widow, DORIS ODINDO OMOLO (“Doris”) took out a petition for letters of administration intestate. The grant of letters of administration intestate was issued to her on 22nd February 1999 and confirmed on 12th October 1999.
2. By Summons for revocation dated 7th March 2011,SUSAN OLOO, LUCIA ARAJA OLOOand JOYCE OLOOapplied to revoke the grant on grounds that Doris had failed to disclose that they were beneficiaries. By a joint affidavit filed in support of the summons, claimed that they resided on part of NORTH SAKWA/NYAWITA/842 as their ancestral home which they had been given by their late husband, RAPHAEL OLOO OTIENG'A and had lived there throughout and were likely to be disinherited if the prayers were not granted.
3. Doris took the position that the land they are claiming was not part of the ancestral land as it was purchased by the deceased when the applicants’ husband also purchased a neighbouring parcel after they had moved from their ancestral home. She testified that the applicants’ matter had been raised and resolved at the village and before the District Officer and that she was ready and willing to allow them to have 1 acre of land where they resided. She further stated that the applicants’ families had been catered for by her father in law and that their families were living on the land left by their deceased husband.
4. This matter was scheduled to be heard today, 10th October 2016, by viva-voce testimony but the applicants did not appear. I rejected the application for adjournment by their counsel, Mr Yogo, on account of the age and history of the matter. Mr Yogo then proceeded to submit that the court to should give the applicant part of the property that the petitioner was not contesting and which was admittedly occupied by the applicants.
5. Doris testified on oath that she had no objection to the request and that the applicant could be allowed to have 1 acre of land where they reside. Taking into account that the applicants had been provided for by their husband through provision of other land, I allow the summons for revocation only to the extent that SUSAN OGUTU OLOO, LUCIA ARAJA OLOO and JOYCE OLOO shall have a life interest in 1 acre of NORTH SAKWA/NYAWITA/842for the rest of their lives and upon the death of the last of them the interest shall revert to DORIS ODINDO OMOLO. For the avoidance of doubt, the 1 acre shall as far as possible be within the area they occupy.
6. Accordingly, the certificate of confirmation dated 12th October, 1999 is hereby revoked and re-issued save with the provision that 1 acre of NORTH SAKWA/NYAWITA/842 shall be held by SUSAN OGUTU OLOO, LUCIA ABALA OLOO and JOYCE OLOO for their life.
7. There shall be no order as to costs.
DATED and DELIVERED at KISUMU this 10th day of October, 2016
D. S. MAJANJA
JUDGE
Mr Yogo instructed by Otieno, Yogo, Ojuro and Company Advocates for the applicants.
Mr Otongo instructed by Mwagambo and Okonjo Advocates for the petitioner/respondent.