PETER ELLY OKEYO OKUL V HEZBON OCHIENG AYODO [2010] KEHC 1537 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII

Miscellaneous Civil Application 41 of 2010

IN THE MATTER OF THE ESTATE OF JECONIA AYODO ONYIERO (DECEASED)

IN THE MATTER OF ANNULMENT OF GRANT OF LETTERS OF ADMINISTRATION

BETWEEN

PETER ELLY OKEYO OKUL …….……....................……… OBJECTOR/APPLICANT

AND

HEZBON OCHIENG AYODO ………….......................… PETITIONER/RESPONDENT

RULING

The applicant filed an application dated 14th April 2010 seeking,inter alia, that the Grant of Letters of Administration intestate issued to the respondent on 16th June 2009 videOyugis Resident Magistrate’s Court Succession Cause No. 18 of 2009be annulled.The estate of the deceased consists of a parcel of land known asKabondo/Kodhoch West/21which measures 6 hectares or thereabout (15 acres).There was no dispute by either of the parties that the said parcel of land exceeds a value of Kshs. 100,000/=.

Section 48of theLaw of Succession Actlimits the jurisdiction of magistrate’s court in probate and administration cases to estates whose value does not exceed Kshs. 100,000/=.It is therefore apparent that the Oyugis Senior Resident Magistrate’s court did not have jurisdiction to grant the letters of administration.In judicial proceedings jurisdiction is the bedrock of any decision.Without it, any judgment and/or order made by a court cannot stand and is a nullity.Consequently, I annul the aforesaid grant but make no orders as to costs.Having reached the above conclusion I need not consider all the other issues that were raised by the parties herein as that would be a mere academic exercise.

DATED, SIGNED AND DELIVERED AT KISII THIS 11TH DAY OF JUNE, 2010.

D. MUSINGA

JUDGE.

11/6/2010

Before D. Musinga, J.

Mobisa – cc

Mr. Ogweno for Mr. Bana for the Applicant

Respondent – present

Court:Ruling delivered in open court on 11th June, 2010.

D. MUSINGA

JUDGE