In re Estate of Andrew Ogwel (Deceased) [2022] KEHC 2146 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMA BAY

PROBATE & ADMINSTRATION NO.835 OF 2015

IN THE MATTER OF THE ESTATE OF:ANDREW OGWEL.......................................................... DECEASED

BETWEEN

CHARLES ANDREW MBOYA............................................................... OBJECTOR

AND

DANIEL OJIJO OGWEL..................................................................... PETITIONER

RULING

1. On 20th September, 2016, Charles Andrew Mboya filed an objection to the confirmation of grant dated 19th September, 2016. The objection was premised on the following grounds:

a) That the petitioner did not receive consent of the family members.

b) That the guarantors were complete strangers.

c) That the succession cause was secretly filed.

d) That some beneficiaries were left out.

e) That strangers were included as beneficiaries.

2. The objector passed on before the objection could be heard and determined. The court was informed about his demise on 24th February, 2018. It is over four years now and no steps have been taken to substitute him.

3. I therefore find that the application has abated.

4. The grant is issued to the petitioner with no orders as to costs.

DELIVERED AND SIGNED AT HOMA BAYTHIS 8TH DAY OF FEBRUARY, 2022

KIARIE WAWERU KIARIE

JUDGE