In re Estate of Walter Ouma Ofugu (Deceased) [2025] KEHC 7093 (KLR)

In re Estate of Walter Ouma Ofugu (Deceased) (Succession Cause 334 of 2012) [2025] KEHC 7093 (KLR) (29 May 2025) (Ruling)

Neutral citation: [2025] KEHC 7093 (KLR)

Republic of Kenya

In the High Court at Busia

Succession Cause 334 of 2012

WM Musyoka, J

May 29, 2025

IN THE MATTER OF THE ESTATE OF WALTER OUMA OFUGU (DECEASED)

Ruling

1. I am called upon to determine an application, dated 25th March 2025. It seeks cancellation of titles, and for fresh survey works to be done.

2. However, I note that there are ongoing proceedings, oral, founded on an application, dated 20th May 2024, for revocation of the grant.

3. I doubt that it would serve justice, to be cancelling titles and doing survey works, while proceedings for revocation of the grant are ongoing.

4. Let the applicant, in the application dated 25th March 2025, join the proceedings in the application dated 20th May 2024, so that the two applications can be heard and determined simultaneously.

DELIVERED VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 29THDAY OF MAY 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Joseph Juma, instructed by JV Juma & Company, Advocates for the applicant, in the application dated 25th March 2025. Mr. Barasa Ouma, instructed by B.M. Ouma & Company, Advocates for the applicant in the application dated 20th May 2024. Mr. Wanyama, instructed by Wanyama & Company, Advocates for the Objector.