Mangala v Mangala & another [2023] KEHC 23496 (KLR) | Succession Proceedings | Esheria

Mangala v Mangala & another [2023] KEHC 23496 (KLR)

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Mangala v Mangala & another (Miscellaneous Civil Application E143 of 2023) [2023] KEHC 23496 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23496 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E143 of 2023

RE Aburili, J

October 12, 2023

IN THE MATTER OF AN APPLICATION FOR REGISTRATION OF THE ORIGINAL FILE IN KISUMU HC. SUCC. CAUSE NO. 30 OF 2006 AND IN THE MATTER OF AN APPLICATION FOR INTERPRETATION AND/OR AMENDMENT OF CERTIFICATE OF CONFIRMATION OF GRANT AND IN THE MATTER OF AN APPLICATION TO COMPEL THE EXECUTORS TO COMPLETE ADMINISTRATION OF THE DECEASED ESTATE AND TO GIVE FULL AND ACCURATE ACCOUNTS AND IN THE MATTER OF AN APPLICATION FOR REVOCATION AND/OR ANNULMENT OF GRANT

Between

Richard Okoth Mangala

Applicant

and

Grace Rael Mangala

1st Respondent

Unner Nambala Wafula

2nd Respondent

Ruling

1. The original Succession file is Kisumu HC Succession Cause No. 39 of 2006 which has been availed to this file.

2. From the pleadings and certificate of confirmation of grant which is sought to be rectified, the deceased and the beneficiaries are domiciled in Busia County and all the properties of the estate other than only one property, are situate within Busia County.

3. The Applicant also cites Busia Chief Magistrate Succession Cause No. 262 of 2021 which was allegedly undertaken secretly.

4. In my view, it is in the interest of justice that this file be transferred to Busia High Court for final determination of any issues pending as all parties are in Busia including the Petitioners who are unrepresented.

5. Accordingly, this matte together with Kisumu High Court Succession Cause No. 39 of 2006 shall be transmitted forthwith to Busia High Court for consideration and final determination.

6. The Deputy Registrar, Busia High Court will then notify the Petitioners who are in persons and the Objector’s counsel to appear before the Hon. Judge for directions on 1st November 2023.

7. The interim orders issued on 13th September 2023 remain in force until 1st November 2023.

8. This file and Succession Cause No. 39 of 2006 are therefore closed from Kisumu High Court. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE