In re Estate of Okwany Ongoye (Deceased) [2024] KEHC 547 (KLR)

In re Estate of Okwany Ongoye (Deceased) (Succession Cause 584 of 2013) [2024] KEHC 547 (KLR) (29 January 2024) (Ruling)

Neutral citation: [2024] KEHC 547 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 584 of 2013

RE Aburili, J

January 29, 2024

IN THE MATTER OF THE ESTATE OF OKWANY ONGOYE –DECEASED BETWEEN CHARLES OMONDI ODUOR…………….…..1ST APPLICANT/OBJECTOR JANE ODHIAMBO ODUOR……..................…2ND APPLICANT/OBJECTOR CHARLES AKUMU ODUOR ……………..….3RD APPLICANT/OBJECTOR GOFFREY OCHANDA OWINO…………..….4TH APPLICANT/OBJECTOR AND BARRACK OTHIENO OWUOR ………...1ST RESPONDENT/PETITIONER JULIUS OWINO HUARE…………………2ND RESPONDENT/PETITIONER

In the matter of

Barrack Othieno Owuor

1st Respondent

Julius Owino Huare

2nd Respondent

Ruling

1. As there is no order or ruling setting aside the orders made by Majanja J on 22nd January 2018 in Succession Cause herein which is related to Succession Cause No. 15 of 2016 revoking the grant of letters of administration intestate issued to the Petitioners herein who transferred to third parties the estate properties, which titles the court ordered to revert back to the deceased’s name – Okwany Ongoye, there are basically no proceedings pending for adjudication as parties were to ensure that that order is given effect and fresh succession proceedings are commenced.

2. Accordingly, as there is nothing capable of being litigated upon at the moment, the grant having been revoked and no other administrator appointed to administer the estate of the deceased, this file is hereby closed.

3. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF JANUARY 2024R. E. ABURILIJUDGE