John Ouma Ekesa v Ernest Ochieng Murere [2017] KEHC 1863 (KLR)

IN THE HIGH COURT OF KENYA AT BUSIA

PROBATE & ADMINSTRATION NO. 61 OF 2012

IN THE ESTATE OF:

MUKEMO NDEGE MURERE…………………………DECEASED

BETWEEN

JOHN OUMA EKESA..............................APPLICANT/OBJECTOR

AND

ERNEST OCHIENG MURERE....................................PETITIONER

RULING

JOHN OUMA EKESA the objector herein filed an application dated 28th March 2012 for revocation of the grant herein on the following grounds:

1. That the petitioner does not have the authority to share out the property without consulting the applicant.

2. That the petitioner was sued for forgery in Busia HCCC NO.44 of 2011 which is still pending.

3. That the petitioner filed this cause without a legal basis.

I have perused the affidavits of both parties. The issues brought out by the applicant herein do not meet the threshold for annulling a grant.

The applicant and the petitioner are brothers and the applicant has not convinced this court why he says that the petitioner lacks the legal basis to file this succession cause. He equally did not demonstrate what the charge of forgery has to do with this cause.

I have noted that this succession cause has taken a very long time to be finalized. I am making an order for the parties to ensure that this cause is brought to a conclusion within the next six months.

The application is therefore dismissed for lack of merits, with costs.

DELIVEREDandSIGNEDatBUSIA this 5thdayof December, 2017

KIARIE WAWERU KIARIE

JUDGE