REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT HOMA BAY PROBATE & ADMINSTRATION NO.835 OF 2015 IN THE MATTER OF THE ESTATE OF: ANDREW OGWEL.......................................................... DECEASED BETWEEN CHARLES ANDREW MBOYA............................................................... OBJECTOR AND DANIEL OJIJO OGWEL..................................................................... PETITIONER RULING 1. On 20th September, 2016, Charles Andrew Mboya filed an objection to the confirmation of grant dated 19 th September, 2016. The objection was premised on the following grounds: a) That the petitioner did not receive consent of the family members. b) That the guarantors were complete strangers. c) That the succession cause was secretly filed. d) That some beneficiaries were left out. e) That strangers were included as beneficiaries. 2. The objector passed on before the objection could be heard and determined. The court was informed about his demise on 24 th February, 2018. It is over four years now and no steps have been taken to substitute him. 3. I therefore find that the application has abated. 4. The grant is issued to the petitioner with no orders as to costs. DELIVERED AND SIGNED AT HOMA BAY THIS 8TH DAY OF FEBRUARY, 2022 KIARIE WAWERU KIARIE JUDGE
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