In re Estate of Walter Henry Odera (Deceased) [2022] KEHC 17202 (KLR)

In re Estate of Walter Henry Odera (Deceased) (Succession Cause 5 of 1970) [2022] KEHC 17202 (KLR) (14 March 2022) (Ruling)

Neutral citation: [2022] KEHC 17202 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 5 of 1970

RE Aburili, J

March 14, 2022

IN THE MATTER OF THE ESTATE OF WALTER HENRY ODERA - DECEASED

Ruling

1. The parties in this very old succession cause were given 30 days from January 16, 2023 to file summons for confirmation of grant but there is no compliance and the reasons given for the default are not satisfactory.

2. In the premises, as parties appear not to have obtained all documents relating to the assets of the deceased and this matter being too old in this court (1970), I hereby decline to grant any more time for compliance.

3. I make the following orders:-1. The grant of letters of administration intestate issued on July 23, 1975 to Albert Odawa (now deceased), as rectified and reissued to Benard Okich Odera and Eunice Rosmel Mkoko on January 16, 2023 be and is hereby revoked. The parties shall file for a fresh grant of letters of administration intestate in respect of the estate of the deceased Walter Henry Odera.2. Pending such filing of fresh letters of administration intestate, there shall be no intermeddling with the said estate which remains preserved until distribution thereof is undertaken in the fresh succession cause.

4. This file is hereby closed.

5. I so order.

6. Ruling to be typed and supplied to parties upon payment of fees.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF MARCH, 2022R. E. ABURILIJUDGE