In re Estate of Raphael Oloo Otiang'a (Deceased) [2024] KEHC 6818 (KLR)

In re Estate of Raphael Oloo Otiang'a (Deceased) (Miscellaneous Succession Cause E033 of 2024) [2024] KEHC 6818 (KLR) (7 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6818 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E033 of 2024

RE Aburili, J

June 7, 2024

Between

Ruth Atieno Odero

1st Objector

Joyce Akoth Otoke

2nd Objector

Jane Awuor Oloo

3rd Objector

Celestine Okello

4th Objector

and

John Mito Oloo

1st Petitioner

Fredrick Odinga Oloo

2nd Petitioner

and

Francis Ooko Oloo

Interested Party

William Odiwuor Oloo

Interested Party

Peter Odiera Oloo

Interested Party

Maurice Akongo Oloo

Interested Party

Tom Oburu Oloo

Interested Party

James Omolo Oloo

Interested Party

Michael Oloo

Interested Party

David Ochieng Oloo

Interested Party

David Omondi Oloo

Interested Party

Ruling

1. I have considered the application by way of summons for revocation of grant which is filed, seeking to revoke the grant issued in favour of John Mito Oloo, Walter Odongo Oloo and Fredrick Odinga Oloo on 1st April 2014 and confirmed on 16th November 2017 and rectified on 25th May 2017 vide Kisumu HC Succession Cause No. 494 of 2012.

2. I observe that the summons for revocation of grant are neither dated nor signed by the Applicants nor their advocates Mulinge & Ochieng & Company Advocates.

3. Pleadings which are unsigned are not authenticated and there is no ownership by the maker thereof.

4. I find no application capable of being considered on merit. I strike out the summons for revocation of grant as filed, and in addition, there is no indication that court fees was paid for the same as there is no digital stamp on the filed documents.

5. The summons for revocation of grant which are unsigned and undated are struck out and this file is closed.

6. Registry to notify the Applicant’s counsel.

Dated, Signed and Delivered at Kisumu this 7th Day of June, 2024R. E. ABURILIJUDGEPage 2 of 2