In re Estate of William Ochieng Ogwang (Deceased) [2024] KEHC 12844 (KLR)

In re Estate of William Ochieng Ogwang (Deceased) (Succession Cause 20 of 2018) [2024] KEHC 12844 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12844 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 20 of 2018

RE Aburili, J

October 24, 2024

IN THE MATTER OF THE ESTATE OF WILLIAM OCHIENG OGWANG - (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WYCLIFF OGOLLA OCHIENG and WILLIAM OCHIENG OGWANG - APPLICANTS

Ruling

1. I have considered the application for revocation of grant dated 18th September, 2024. I observe that the estate property Central Alego/Holo/1560 which the Applicant seeks to benefit from as a beneficiary in the estate of William Ochieng Ogwang as a creditor is not part of the property distributed vide the Certificate of confirmation of grant as rectified on 12th October 2022 in this matter. There is also Succession Cause No. 195 of 2016 before Kisumu Chief Magistrate’s Court where that property is subject of succession proceedings, I decline to consider the application dated 18th September 2024 in these proceedings.

2. The application dated 18th September 2024 is struck out and the Applicant is directed to approach the lower court to be guided on how he can file an appropriate application to challenge the grant issued and confirmed in Kisumu Chief Magistrate Succession Cause No. 195 of 2016.

3. This file is therefore closed.

4. This Ruling to be typed and uploaded in the CTS.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE