ELIDAH ATIENO OJWANG & 2 others v GEORGE ODHIAMBO NYAKWAKA [2009] KEHC 845 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

OF KISII

Miscellaneous Application 200 of 2009

IN THE MATTER OF: THE ESTATE OF NYAKWAKA OYOO & OLANGO OYOO ?DECEASED(S)

AND

IN THE MATTER OF: REVOCATION OF GRANT OF LETTERS OF ADMINSITRATION

BETWEEN

ELIDAH ATIENO OJWANG

MASELLA OCHIENG RAYIER

JOHN ORWA…………………………..…….OBJECTORS/APPLICANTS

AND

GEORGE ODHIAMBO NYAKWAKA……PETITIONER/RESPONDENT

R U L I N G

This application was served but there was no response preferred.  The factual position as sworn in the supporting affidavit is therefore not controverted.

It was certainly wrong for the petitioner /respondent to seek to inherit two deceased persons using one succession cause.  Each deceased person should have been subject of a separate cause.

The deceased persons were unrelated and died at different times.  The deceased Olango Oyoo was survived by the objectors/applicants whom the respondent failed to disclose or provide for.  The respondent did not indicate his relationship with the deceased in form P&A 80, and the applicants state that he is not the son of the deceased.  The applicants have indicated that the subordinate court entertained a cause whose subject matter was well in excess of Kshs. 100,000/=.

For all these reasons, the Grant issued herein is ordered revoked.  The application is allowed with costs.

Dated, signed and delivered at Kisii this 3rd day of November, 2009

A.O.MUCHELULE

JUDGE

3/11/2009

3/11/2009

Before A.O.Muchelule-J

Mongare court clerk

Mr. Oguttu p-present

COURT: Ruling in open court.

A.O.MUCHELULE

JUDGE

3/11/2009