Lawrence Odhiambo Opande & 2 others v Nicholas Obunde Opande

In re Estate of Romanus Opande Kisaka (Deceased) (Succession Cause 126 of 1993) [2024] KEHC 8230 (KLR) (8 July 2024) (Ruling) Neutral citation: [2024] KEHC 8230 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU SUCCESSION CAUSE 126 OF 1993 MS SHARIFF, J JULY 8, 2024 IN THE MATTER OF THE ESTATE OF ROMANUS OPANDE KISAKA BETWEEN LAWRENCE ODHIAMBO OPANDE .............................................. 1ST APPLICANT BON NGESO OPANDE .................................................................... 2ND APPLICANT SYLVESTER OCHIENG OTIENO ................................................... 3RD APPLICANT AND NICHOLAS OBUNDE OPANDE ....................................................... RESPONDENT RULING 1. Whereas the administrator herein is said to have died on 12.7.2011, the Objectors/Applicants filed a summons for revocation of the grant on 1.2.2022 with the full knowledge of the fact of death of the Respondent. 2. On 18.1.2023 Counsel for the Objectors Ms. Nyabeki took directions for the hearing of the summons for revocation of grant by way of viva voce evidence on 15.4.2024 when the same could not proceed due to the absence of the court as the Judge was on an emergency leave. 3. The summons were then rescheduled to 8/7/2024. It is surprising that the Objectors who are well represented by advocates have been moving this court suo motto without reference to the fact that the Respondent cited in their application is deceased. 4. An apology by Counsel for the Objectors made 13 years delay is not satisfactory explanation as to why the administrator was not substituted in the first instance when the summons for revocation of grant was filed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8230/eng@2024-07-08 1

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