In re Estate of Joshua Abukuse Akusala (Deceased) [2023] KEHC 22671 (KLR)

In re Estate of Joshua Abukuse Akusala (Deceased) (Succession Cause 757 of 2015) [2023] KEHC 22671 (KLR) (26 September 2023) (Ruling)

Neutral citation: [2023] KEHC 22671 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 757 of 2015

RE Aburili, J

September 26, 2023

IN THE MATTER OF THE ESTATE OF JOSHUA ABUKUSE AKUSALA............................................. (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PHILIP APAMO AKUSALA

In the matter of

Philip Apamo Akusala

Applicant

Ruling

1. This Succession Cause was filed in this court on September 1, 2015 and a grant was issued on December 16, 2015 and due for confirmation on June 16, 2016 but to date, no summons for confirmation of grant issued to Philip Apamo Akusala has been filed.

2. The assets of the estate are domiciled in Vihiga county. Several notices to show cause why the grant issued cannot be revoked for non confirmation have been issued.

3. As the grant issued is now over eight (8) years old and no confirmation is sought, it has become inoperational and useless. The same is hereby dismissed and annulled.

4. Any person interested in the estate of the deceased Joshua Abukuse Akusala shall petition for a fresh grant before Vihiga High Court where parties and the assets are domiciled.

5. This file is hereby closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2023. R. E. ABURILIJUDGE