In re Estate of Owade Oriema (Deceased) [2023] KEHC 19105 (KLR) | Revocation Of Grant | Esheria

In re Estate of Owade Oriema (Deceased) [2023] KEHC 19105 (KLR)

Full Case Text

In re Estate of Owade Oriema (Deceased) (Succession Cause 71 of 2014) [2023] KEHC 19105 (KLR) (20 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19105 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 71 of 2014

RE Aburili, J

June 20, 2023

IN THE MATTER OF ESTATE OF: OWADE ORIEMA (DECEASED) AND IN THE MATTER OF APPLICATION FOR REVOCATION OF GRANT AND IN THE MATTER OF APPLICATION BY:

Between

Magdalina Olal

Applicant

and

Benter Ogada Owade

Respondent

and

Douglas Momanyi Makori

Interested Party

Ruling

1. I have perused the application dated June 5, 2023, the grounds and supporting affidavit and annextures. The applicant claims that he is an innocent purchaser of the land in issue from the respondent administrator while there is a party Magdalina Olal who is challenging the entire process through which the grant was obtained by Benta Ogada Owade and confirmed. This is vide summons for revocation of grant dated April 13, 2023.

2. As the applicant in the summons for revocation of grant is not opposed to the joinder of the intended Interested Party, I hereby allow the application by way of notice of motion dated June 5, 2023 and grant orders enjoining Douglas Momanyi Makori as an interested party to these proceedings.

3. I further direct the respondent/administrator and the interested party herein to file and serve their replying affidavits to the summons for revocation of grant dated June 5, 2023 within 10 days of today, upon which the Applicant shall have 10 days of the date of service to file and serve a further affidavit, if need be, together with written submissions.

4. The administrator and interested party shall thereafter have 10 days of the date of service to file and serve supplementary affidavit if any, together with written submissions.

5. Mention on July 3, 2023 before the Deputy Registrar to place the file before the judge for fixing of a ruling date.

6. The applicant herein is directed to serve the respondent/administrator with this ruling/directions and date.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF JUNE, 2023R. E. ABURILIJUDGE