[2015] KEHC 1208 (KLR)
The court found that the confirmation of the grant was procedurally flawed because the consent of all beneficiaries was not obtained, as evidenced by the chief's letter and P&A Form No. 5. Additionally, the value of the subject parcel of land exceeded the monetary jurisdiction of the Maseno Principal Magistrate's...
Source-derived case information.
- Citation
- [2015] KEHC 1208 (KLR)
- Parties
- Applicant: Thomas Odhiambo Wasuna; Respondent: Grace Atieno Onyango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 46 of 2012
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- grant of letters of administration set aside; file transferred to High Court
- Legal Topics
- Revocation of Grant, Letters of Administration, Monetary Jurisdiction, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Odhiambo Wasuna
Applicant
Grace Atieno Onyango
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the grant of letters of administration was confirmed without the consent of all beneficiaries.
- 2 Whether the value of the subject parcel of land exceeded the monetary jurisdiction of the Maseno Court.
Ratio Decidendi
The court found that the confirmation of the grant was procedurally flawed because the consent of all beneficiaries was not obtained, as evidenced by the chief's letter and P&A Form No. 5. Additionally, the value of the subject parcel of land exceeded the monetary jurisdiction of the Maseno Principal Magistrate's Court, rendering the confirmation invalid. These two fundamental defects warranted the setting aside of the grant and the transfer of the succession cause to the Kisumu High Court for proper determination.
Court Disposition
grant of letters of administration set aside; file transferred to High Court
Orders
- The grant issued and confirmed at Maseno PM's Court succession cause No.22/10 together with consequential orders is set aside.
- The Maseno succession cause file No.22/10 is transferred to Kisumu High Court for determination.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. APPLICATION NO.46 OF 2012
THOMAS ODHIAMBO WASUNA......................................................APPLICANT
AND
GRACE ATIENO ONYANGO …........................................................RESPONDENT
J U D G M E N T
The application dated 20. 2.12 prays for revocation of the grant of letters of administration issued and confirmed on 22. 9.12 to GRACE ATIENO ONYANGO. The same is supported by the affidavit of THOMAS ODHIAMBO WASUNA sworn on 23. 2.12. Substantially the applicant depones that they were not consulted during the confirmation exercise and further that the subject parcel of land KISUMU/KARATENG/939 exceeded the monetary jurisdiction of the Maseno Court.
The respondent did file a home made reply indicating that there has been dispute between the applicant and other family members and that the applicant has been a trouble shooter in the family.
I have perused the application together with the supporting affidavits and the annexures. Its clear that no consent was obtained from the beneficiaries mentioned in the chiefs letter dated 28. 5.10 as well as P&A form No,5 when the grant was being confirmed. More importantly the subject value of the parcel of land afore stated exceeds the monetary jurisdiction of the court at Maseno.
Consequently and in light of the above two basic reasons I make the following orders:
(a) The grant issued and confirmed at Maseno PM's Court succession cause No.22/10 together with consequential orders is hereby set aside.
(b) The Maseno succession cause file No.22/10 is hereby transferred to Kisumu High court for determination.
(c) Upon order (b) being undertaken the parties be at liberty to apply.
(d) Each party to bear their own costs.
Dated, signed and delivered this 16th day of November 2015.
H. K. CHEMITEI
J U D G E