Joram Luvisia Simiyu v William Wekesa Tumbo [2018] KEHC 8161 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BUNGOMA

PROBATE & ADMINISTRATION CAUSE NO.359 OF 2009

IN THE MATTER OF THE ESTATE OF LUDIA MULEMIA PAULO....DECEASED

AND

JORAM LUVISIA SIMIYU............APPLICANT/OBJECTOR

VERSUS

WILLIAM WEKESA TUMBO.............................PETITIONER

RULING

The Objector filed summons for revocation or annulment of grant of Probate dated 16th July, 2014 seeking for revocation of a grant that had been confirmed on 8th May, 2014; on grounds that the same was obtained secretly without knowledge and consent of the applicant, one of the sons of the deceased, and that the Petitioner had concealed material fact that the Objector together with Paul Simiyu, Bob Simiyu and Welamondi Simiyu Tumbo were the only ones to inherit the estate of the deceased as the Petitioner and the other siblings had a father whom they would inherit from, whereas the Objector and those he named had no father.

In objecting to the application for revocation the Petitioner stated that several of his siblings were in Court during confirmation of the grant and had not raised any objection, secondly the land belonged to their deceased mother and therefore they were all her children entitled to inherit, further he had also had a share each for their sister’s two children.

The Court directed the parties to amicably settle the matter and / or each file a mode of distribution.

The Petitioner had his mode of distribution known as had been included in the initial confirmed grant. Despite the Court’s directive the Objector did not make any proposal, neither did he apart from making an assertions adduce any evidence not even by way of an affidavit to support the said assertions.

In the circumstances therefore and in the absence of any evidence and in the interest of justice and in order to bring this matter to a closure the grant issued on 19th May 2014 be and is hereby reinstated, the Court has no basis to revoke the same.

DATED and DELIVERED at BUNGOMA this 1st day of February,  2018

ALI-ARONI

JUDGE