[2014] KEHC 6452 (KLR)
The court found that Margaret Ondiso Opio filed parallel succession proceedings in Bungoma High Court during the pendency of similar proceedings in Nairobi, amounting to an abuse of the due process of the court. This conduct was intended to defeat the claims of the dependants in the Nairobi cause. Consequently, the...
Source-derived case information.
- Citation
- [2014] KEHC 6452 (KLR)
- Parties
- Applicant: Wilberforce Asiepi; Applicant: Emilly Maeve Ongu; Respondent: Margaret Ondiso Opio; Respondent: Sarah Nanyama Opiyo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 2821 of 1995
- Procedural Posture
- Probate and Administration / Ruling on Revocation of Grant and Cancellation of Transfers
- Outcome
- Grant issued and confirmed in Bungoma High Court revoked; transfers of estate property cancelled; titles to revert to deceased.
- Judges
- LK Kimaru
- Legal Topics
- Succession Proceedings, Revocation of Grant, Parallel Proceedings, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilberforce Asiepi
Applicant
Emilly Maeve Ongu
Applicant
Margaret Ondiso Opio
Respondent
Sarah Nanyama Opiyo
Respondent
Procedural Posture
Probate and Administration / Ruling on Revocation of Grant and Cancellation of Transfers
Legal Issues
- 1 Whether the grant issued and confirmed in Bungoma High Court Succession Cause No.233/2011 should be revoked due to parallel proceedings.
- 2 Whether transfers of estate property pursuant to the revoked grant should be cancelled.
Ratio Decidendi
The court found that Margaret Ondiso Opio filed parallel succession proceedings in Bungoma High Court during the pendency of similar proceedings in Nairobi, amounting to an abuse of the due process of the court. This conduct was intended to defeat the claims of the dependants in the Nairobi cause. Consequently, the grant issued and confirmed in Bungoma was revoked, and any transfers of estate property pursuant to that grant were cancelled. The titles to the properties mentioned in the certificate of confirmation were ordered to revert to the name of the deceased.
Court Disposition
Grant issued and confirmed in Bungoma High Court revoked; transfers of estate property cancelled; titles to revert to deceased.
Orders
- The grant issued by Bungoma High Court on 25th October 2011 and confirmed on 18th June 2012 is revoked.
- Any transfers of properties belonging to the estate of the deceased done pursuant to the said confirmation of grant are cancelled.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
P&A NO.2821 OF 1995
IN THE MATTER OF THE ESTATE OF LEONARD JAMES OPIO ONGURU - (DECEASED)
WILBERFORCE ASIEPI )
EMILLY MAEVE ONGU)......................................................................APPLICANTS
VERSUS
MARGARET ONDISO OPIO) …................................................1ST RESPONDENT
SARAH NANYAMA OPIYO ) ………………........………..........2NDRESPONDENT
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R U L I N G
I have perused the petition filed by Margaret Ondiso Opio before the Bungoma High Court in Succession Cause No.233/2011. It is apparent that the said Margaret Ondiso Opio filed parallel succession proceedings before the said High Court during the pendancy of similar succession proceedings before this court in this succession cause. The said Margaret Ondiso Opio did so in utter abuse of the due process of the court and with a view of defeating the claim by the dependants of the estate of the deceased in this cause. That Bungoma file has now been transferred to this court. In the premises therefore, the grant issued by the said court on 25th October 2011 and confirmed on 18th June 2012 is hereby revoked. Any transfers of any of the properties belonging to the estate of the deceased done pursuant to the said confirmation of grant is hereby cancelled. The titles mentioned in the said certificate of confirmation of grant shall revert to the name of the deceased.
L. KIMARU
JUDGE
Further Order:
Further hearing on 19th and 20th May 2014. Hearing Notice to issue to Ombete.
DATED AT NAIROBI THIS 6TH MARCH 2014
L. KIMARU
JUDGE