Raydon Akala Mukhwana & 1 other v Habil Mukhwana Eshitemi & 2 others

In re Estate of Henry Eshitemi Ingutia (Deceased) (Succession Cause 314 of 1993) [2025] KEHC 4334 (KLR) (3 April 2025) (Ruling) Neutral citation: [2025] KEHC 4334 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA SUCCESSION CAUSE 314 OF 1993 AC BETT, J APRIL 3, 2025 BETWEEN RAYDON AKALA MUKHWANA ................................................. 1ST PETITIONER MESHACK SHAMALA MASINDE ............................................... 2ND PETITIONER AND HABIL MUKHWANA ESHITEMI ..................................................... 1ST OBJECTOR JOSEPHAT SHIKOLI BWETETE ...................................................... 2ND OBJECTOR ABIGAEL ANUPI MUKHWANA ...................................................... 3RD OBJECTOR RULING 1. The Respondent, Meschack Shamala Masinde was issued with Grant of Letters of Administration herein which was confirmed on 17th January 1994. Pursuant to the confirmation, the Respondent secured title to LR No Butsotso/bukura/1125 which was the sole asset of the estate of the deceased and caused it to be transferred to his name on transmission. 2. By a ruling dated 27th October 2009, the Grant was revoked and a fresh Grant issued in the joint names of the Objector Habil Mukhwana and his sister Phyllis Mutanda. The court further ordered that LR No Butsotso/bukura/1125 remains in the name of the Respondent but directed that the prohibitory orders registered against the title remain in force pending an application for confirmation of Grant. In order to facilitate the Summons for Confirmation of Grant for purposes of expeditious disposal of this cause, I hereby order that the Land Registrar do cancel the entries in the register so that the title reverts to the name of the deceased. Further mention for directions on 9th July 2025. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 3RD DAY OF APRIL 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4334/eng@2025-04-03 1

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