In re Estate of Silvance Owino Oweng (Deceased) [2024] KEHC 8486 (KLR)

In re Estate of Silvance Owino Oweng (Deceased) (Succession Cause 42 of 2014) [2024] KEHC 8486 (KLR) (15 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8486 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 42 of 2014

MS Shariff, J

July 15, 2024

In the matter of

Margaret Aoko Onyango

Applicant

Ruling

1. The applicant Margaret Aoko Onyango a daughter of the deceased Silvance Owino Owenga has applied for revocation of the grant issued to Johana Otieno Olando on 2. 4.2014 and confirmed on 14. 11. 2014 and confirmed on 14. 11. 2024.

2. The application is grounded on the fact that the administrator had failed to disclose material facts to the court; that the deceased was survived by two children namely Margaret Aoko Onyango and Fredrick Omondi Owino.

3. The applicant states that the Chief’s letter annexed in the initial petition for grant was issued by the Assistant chief of Kadero Sub-location yet the deceased was domiciled din East Kajulu Location.

4. It is pleaded and submitted that parcel No. Kisumu/Got Nyabondo/3289 is still registered in the name of the deceased as transmission was yet to be done.

5. Upon considering the application, the affidavit in support thereof sworn by Margaret Aoko Onyango and upon hearing the oral submissions of Mr. Emukhule I do hereby allow the application and make the following orders:-1. The grant issued to Johana Otieno Olanda on 4. 2.2014 and confirmed on 14. 11. 2014 is hereby revoked.2. A new grant to issue to Margaret Aoko Onyango.3. The administratrix is directed to file summons for confirmation of grant within 30 days from the date hereof.4. Mention on 23. 9.2024 to confirm compliance.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 15THDAY OF JULY, 2024. M. S. SHARIFFJUDGE