Patrick Odhiambo Okello & another v Dorine Aribeta Oyugi [2015] KEHC 2677 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 60 OF 2014

IN THE MATTER OF THE ESTATE OF PETER OKELLO MUGOYE - (DECEASED)

PATRICK ODHIAMBO OKELLO & ANOTHER......................................APPLICANT

VERSUS

DORINE ARIBETA OYUGI...................................................................RESPONDENT

JUDGMENT

1.  In view of the fact that there is a succession cause filed in respect of the estate of the deceased herein in Mombasa High Court succession cause No. 221 of 2003 wherein the appelicants are the administratrators, the grant of letters of administration to the petitioner in Rongo Principal Magistrate Succession cause No. 256 of 2013 was granted unlawfully since the same was resjudicate.

2.  I hereby revoke the same grant and all subsequently orders arising therefrom with costs to the applicants herein.

Delivered, signed and dated on this 10 th day of June, 2015.

J. WAKIAGA

JUDGE

In the presence of:

Mr Otieno advocate for the appellant.