In re Estate of Jackton John Ouko Ondoro (Deceased) [2023] KEHC 24411 (KLR)

In re Estate of Jackton John Ouko Ondoro (Deceased) (Succession Cause 23 of 1992) [2023] KEHC 24411 (KLR) (25 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24411 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 23 of 1992

RE Aburili, J

October 25, 2023

N THE MATTER OF THE ESTATE OF JACKTON JOHN OUKO ONDORO (DECEASED)

Between

Grace Akinyi

Petitioner

and

Teresa John Ouko

Applicant

Ruling

1. I observe that what was filed herein in 1992 was an application for a limited grant under Section 54 Rule 10 of the Laws of Succession Act by Grace Akinyi.

2. The application was clearly for Letters of Administration Pendete lite to the estate of the late John Ouko Ondoro.

3. No petition for a full grant has ever been filed in these proceedings and no grant has ever been issued to any person to administer the estate of the deceased John Ouko Ondoro.

4. In the circumstance, there are no orders for transfer of land which this court can make as it appears that the applicant who is now deceased only sought for a temporary grant pending filing of the Petition for a full grant.

5. Consequently, the court did on 1st July 1992 reject the application for a limited grant and dismissed it and ordered that the Applicant files a normal succession petition.

6. For the above reasons, there is nothing to be prosecuted in this file which is hereby closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE