In re George Habil Awuor Achola (Deceased) [2024] KEHC 6198 (KLR)

In re George Habil Awuor Achola (Deceased) (Succession Cause 157 of 1995) [2024] KEHC 6198 (KLR) (29 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6198 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 157 of 1995

RE Aburili, J

May 29, 2024

In the matter of

Caren Akoth Awuor

Objector

and

Benter Aoko Awuor

Respondent

Ruling

1. On 7th February 2023, T. A. Odera J revoked the grant of letters of administration intestate issued to the Petitioner/Respondent on 7th December 1998 and confirmed on 30th May 2014.

2. The court also issued an order to the Land Registrar, Awasi to preserve the deceased’s estate by placing restrictions on any dealings on Land Parcel Nos. Tamu/God-Abuoro/214 and Tamu/God-Abuoro/614 or any titles borne from these two land parcels until an administrator is appointed by the court.

3. The parties were also directed to file summons for confirmation of grant within 30 days therefrom.

4. The latter order could only be given effect if an administrator was appointed by the court.

5. As no administrator has been appointed and none has been brought forth for appointment, the order for filing of summons for confirmation of grant within 30 days lapsed.

6. As the grant was revoked, there is nothing else remaining other than the order preserving the estate of the deceased, which order remains valid.

7. Accordingly, this file is closed and the beneficiaries of the estate of George Habil Awuor Achola (Deceased) shall now petition afresh the court for a fresh grant.

8. As the estate value does not exceed Kshs.20,000,000, any succession proceedings shall be filed before Tamu Law Courts which has the Geographical jurisdiction to hear the cause, the Land Registry being at Awasi.

9. This file is closed.

10. Ruling and order to be typed and uploaded.

Dated, Signed and Delivered at Kisumu this 29thDay of May, 2024R. E. ABURILIJUDGEPage 2 of 2