IN THE HIGH COURT OF KENYA AT BUSIA PROBATE & ADMINSTRATION NO. 61 OF 2012 IN THE ESTATE OF: MUKEMO NDEGE MURERE…………………………DECEASED BETWEEN JOHN OUMA EKESA..............................APPLICANT/OBJECTOR AND ERNEST OCHIENG MURERE....................................PETITIONER RULING JOHN OUMA EKESA the objector herein filed an application dated 28 th March 2012 for revocation of the grant herein on the following grounds: 1. That the petitioner does not have the authority to share out the property without consulting the applicant. 2. That the petitioner was sued for forgery in Busia HCCC NO.44 of 2011 which is still pending. 3. That the petitioner filed this cause without a legal basis. I have perused the affidavits of both parties. The issues brought out by the applicant herein do not meet the threshold for annulling a grant. The applicant and the petitioner are brothers and the applicant has not convinced this court why he says that the petitioner lacks the legal basis to file this succession cause. He equally did not demonstrate what the charge of forgery has to do with this cause. I have noted that this succession cause has taken a very long time to be finalized. I am making an order for the parties to ensure that this cause is brought to a conclusion within the next six months. The application is therefore dismissed for lack of merits, with costs. DELIVERED and SIGNED at BUSIA this 5th day of December, 2017 KIARIE WAWERU KIARIE JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.