Asare Vincent Eladi v Leah Midesha Kaburu

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA PROBATE & ADMINSTRATION NO.75 OF 2010 IN THE MATTER OF THE ESTATE OF: MARTH ELADI OBELAI......... DECEASED BETWEEN ASARE VINCENT ELADI .................................................. PETITIONER/ RESPONDENT AND LEAH MIDESHA KABURU.........................................................OBJECTOR/APPLICANT RULING 1. The objector/applicant herein moved the court by way of summons for revocation or annulment of grant dated 29 th June 2015 under section 76 of the Law of succession Act and Rule 44(1) of Probate and Succession Rules. She is seeking the following orders: a. That the grant of letters of administration issued on 6 th July 2010 to Asare Vincent Eladi and subsequently confirmed on 16th June 2011 be revoked and or annulled. b. That a fresh grant of letters of administration be issued in the joint names of Asare Vincent Eladi and Leah Midesha Kaburu. c. That entry No.2 made on title No. SOUTH TESO/AMUKURA/1692 by which the petitioner/respondent got registered as owner of the above land parcel by transmission be cancelled. d. That the costs of this application be borne by the petitioner/respondent. 2. The application is premised on the following grounds: a. That the proceedings to obtain the grant were defective in substance; b. That the grant was obtained fraudulently by making of a false statement or by concealment from court of material facts; c. That the petitioner/respondent has not proceeded with the administration of the estate diligently; and d. That the objector/applicant has been left out yet she is a beneficiary of the estate. 3. The petitioner/respondent did not file any response or submissions in spite of service. 4. When I perused form P. & A. 5, the petitioner/respondent described himself as the only beneficiary who survived the deceased herein. A letter that was issued by the acting chief Amukura location dated 22 nd March 2010 listed the following as having survived the deceased herein: a. Vincent Eladi Asare; b. Cresent Ouma Eladi;

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