In re Estate of Wilson Ajuoga Kwaka (Deceased) [2024] KEHC 11935 (KLR)

In re Estate of Wilson Ajuoga Kwaka (Deceased) (Miscellaneous Succession Cause E005 of 2024) [2024] KEHC 11935 (KLR) (3 October 2024) (Ruling)

Neutral citation: [2024] KEHC 11935 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E005 of 2024

RE Aburili, J

October 3, 2024

IN THE MATTER OF THE ESTATE OF WILSON AJUOGA KWAKA (DECEASED)

AND

IN THE MATTER OF AN APPLICATION BY JOSIAH KWAKA AJUOGA AND AGNES AKOTH AJUOGA- APPLICANTS

Ruling

1. I have heard Mr. Okello counsel for the Objectors, to the effect that in the Ruling of 15th April 2024, the court left out parcel No. Kisumu/Bar/2085 from the parcels that were to revert to the name of the deceased following the revocation of grant on 29th June 2016 by Majanja J.

2. I have perused the Court record and it shows that parcel No. Kisumu/Bar/2085 was one of those belonging to the deceased Wilson Ajuoga Kwaka and that following revocation of the grant initially issued to the Petitioner Hesbon Saka Ajuoga on 29th June 2026, the title must revert to the deceased.

3. Accordingly, I hereby review the Ruling of 15th April 2024 and order that in addition to the parcels of land named therein, parcel No. Kisumu/Bar/2085 is hereby included in the parcels of land that shall forthwith revert to the deceased’s name and the Land Registrar, Kisumu is hereby directed to cancel the registration from the name of Hesbon Saka Ajuoga and revert it to the name of the deceased Wilson Ajuoga Kwaka alias Ajuoga Kwaka.

4. As there is nothing more to be canvased in these proceedings, the beneficiaries shall petition for a fresh grant.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE