Case ID:181536

In re Estate of Yohana Shioni Ombaka (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 244 of 2011

Parties:

In re Estate of Yohana Shioni Ombaka (Deceased)

Date Delivered:

17 Sep 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

In re Estate of Yohana Shioni Ombaka (Deceased) [2021] eKLR

Court Division:

Family

County:

Kakamega

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

SUCCESSION CAUSE NO. 244 OF 2011

IN THE MATTER OF THE ESTATE OF YOHANA SHIONI OMBAKA (DECEASED)

RULING

1. While preparing the ruling in respect of application for confirmation of grant, dated 17

th

March 2021, which was placed before me for hearing, in terms of the minute of 19

th

March 2021, when the date was given, and I have established that no administrator has ever been appointed in this matter.

2. The cause herein was published in

Kenya Gazette

Issue No. 85 Vol. CXV of 7

th

June 2013, through Gazette Notice No. 7650. The petitioner was Charles Likuyu Ashoni. No grant of letters of administration intestate was processed in his name, after expiry of 30 days of the notice in the

Kenya

Gazette

. No action was taken in the matter until 24

th

July 2015, when the court ordered the file to be closed.

3. Jason Makokha Ashiono then filed an application dated 11

th

May 2020. He disclosed that the petitioner, Charles Likuyu Ashoni, had died, and sought that the grant of letters of administration intestate be made to him. He never fixed that application for hearing, and the same was never heard and disposed of. Instead, he filed the summons for confirmation of grant dated asking for confirmation.

4. Clearly, the application dated 17

th

March 2021 is incompetent for it seeks confirmation of grant, yet no grant has ever been made in the cause. There is no grant capable of being confirmed. The application is made in abuse of court process, for it is premature. The same is hereby struck out.

5. To move the matter forward, let the application dated 11

th

May 2020 be fixed for hearing. At that hearing let all the families of the children of the deceased attend court, including the family of the late Indimuli, Kweyu, Charles Likuyu, the daughters of the late Mang’ate and the family of the late Suleiman Ompaka.

6. It is so ordered.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA 17TH DAY OF SEPTEMBER, 2021

W MUSYOKA

JUDGE