In re Estate of Daniel Osawa Nyabande (Deceased) [2024] KEHC 5758 (KLR)

In re Estate of Daniel Osawa Nyabande (Deceased) (Succession Cause 1082 of 2014) [2024] KEHC 5758 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5758 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 1082 of 2014

RE Aburili, J

May 9, 2024

IN THE MATTER OF THE ESTATE OF DANIEL OSAWA NYABANDE (DECEASED)

AND

IN THE MATTER OF APPLICATION BY PAUL ABUTO OSAWA – PETITIONER/APPLICANT

Ruling

1. On 10th February, 2015, a grant was issued to Paul Abuto Osawa to administer the estate of Daniel Osawa Nyabande alias Osawa Nyabande, the deceased.

2. Summons for confirmation of grant were filed on 25th June 2018 but todate, there has been no prosecution of the same.

3. As the grant became useless and inoperational, it is hereby revoked and annulled pursuant to Section 76(d) (i) of Laws of Succession Act.

4. The Petitioner or other beneficiaries of the deceased’s estate can only petition for a fresh grant.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE