In re Estate of Fanuel Origa Origa - Deceased [2023] KEHC 24991 (KLR)

In re Estate of Fanuel Origa Origa - Deceased (Succession Cause 02 of 2012) [2023] KEHC 24991 (KLR) (2 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24991 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 02 of 2012

RE Aburili, J

November 2, 2023

IN THE MATTER OF AN APPLICATION BY TOBIAS OCHIENG ORIGA AND JOSEPH ODENY ORIGA

Ruling

1. The last time that this matter was before a Judge and in the presence of parties was on February 17, 2020 when the court fixed the application for confirmation of grant for April 20, 2020 for hearing and directed all beneficiaries to attend court.

2. There is no record of what transpired on 20th April 2020 and it was not until May 15, 2023 that this court moved itself and issued parties with notice to appear on August 21, 2023.

3. On the latter date, none of the parties appeared. The matter was fixed for further directions today. Notices were sent to the applicants’ counsel’s advocate at Fida (K) Kisumu office Box 19219 but there is no response.

4. The last time that office wrote to court asking for status of this matter was vide letter dated June 25, 2019.

5. In my view, the petitioners are not serious with this matter which was initially dismissed on November 30, 2016 and it was not until May 15, 2018 that they filed an application for setting aside/review of the orders of dismissal of the petition and seeking for its reinstatement for hearing.

6. The court exercised discretion on June 28, 2018 and set aside the orders made on November 30, 2016 which had had the effect of revoking the grant and it gave the petitioners 30 days to file summons for confirmation of grant and again, it took the petitioners over one year until May 21, 2019 is when they filed what appears to be affidavit in support of summons for confirmation of grant, which summons I have combed through the court file but I have found none. There is no such summons for confirmation of grant placed on record.

7. There is obviously an unexplained inordinate delay in having the grant issued on 7/12/2012 confirmed. That grant has become inoperative and useless due to lapse of time without being confirmed and the deceased’s estate not being administered and distributed fully.

8. Consequently, the grant of letters of administration intestate issued on December 7, 2012 to Tobias Ochieng Origa and Joseph Odeny Origa is hereby revoked and annulled. The same is recalled into this court and cancelled.

9. Any person interested in the estate of the deceased Fanuel Origa Origa shall petition for a fresh grant for consideration by this court on merit.

10. This file is accordingly closed. Ruling to be typed forthwith.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE