In re Estate of Shisia Opoli Omari (Deceased) [2023] KEHC 26148 (KLR)

In re Estate of Shisia Opoli Omari (Deceased) (Succession Cause 178 of 2010) [2023] KEHC 26148 (KLR) (29 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26148 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 178 of 2010

RE Aburili, J

November 29, 2023

IN THE MATTER OF THE ESTATE OF SHISIA OPOLI OMARI – DECEASED AND IN THE MATTER OF AN APPLICATION BY AMINA KHANYAKO - APPLICANT

Ruling

1. The grant was issued on June 22, 2010 to Concepta Makwari Baraza.

2. The Petitioner is said to have died before the estate was fully distributed to the beneficiaries albeit the grant was confirmed on April 29, 2011 and the sole asset North Wanga/Matungu/1132 taken by her solely.

3. Since the sole administrator is now dead before sharing out the estate to herself and her sole surviving sister Amina Khanyako Mukoya, in the premises, as the grant became inoperative and useless, the same is hereby revoked and annulled.

4. The beneficiary is now at liberty to petition for a fresh grant to administer the estate of Shisia Omari deceased. The same shall be filed within the court with local jurisdiction or proximity to the domicile of the deceased Shisia Omari.

5. This file is closed.

6. Ruling to be typed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE