In re Estate of Emanuel Ojwang Agolla (Deceased) [2023] KEHC 26822 (KLR)

In re Estate of Emanuel Ojwang Agolla (Deceased) (Succession Cause 245 of 2011) [2023] KEHC 26822 (KLR) (18 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26822 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 245 of 2011

RE Aburili, J

December 18, 2023

Ruling

1. As the sole administrator has since died on September 10, 2021 and there are objection proceedings, and as the objectors are siblings of the deceased administrator, the grant issued to Silas Obade Ogola on 30th April 2013 confirmed on September 16, 2015 is hereby revoked.

2. The distribution done vide the certificate of confirmed grant is hereby annulled. The title to land Kisumu/Manyatta B/386 shall revert to the name of Emmanuel Ojwang Agola and the beneficiaries of the estate shall petition for a fresh grant before the Chief Magistrate’s Court.

3. Any interested parties shall pursue their claims in the yet to be filed petition or before Environment and Land Court.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023. R. E. ABURILIJUDGE