In re Estate of Onyiego Ogwora (Deceased) [2016] KEHC 2966 (KLR)
- Court
- High Court of Kenya
- Case number
- 2966
- Citation
- [2016] KEHC 2966 (KLR)
Summary at a glance
The court dismissed the application as the 1st applicant does not have capacity to petition for revocation of the grant and the suit land was not part of the deceased's estate.
Facts
The deceased, Onyiego Ogwora, died intestate on August 22, 1991. His sons and daughter-in-law, Christopher Obwagi, Conrad Mangera, and Susan Angwenyi, were issued with letters of administration over his estate. The suit land, LR.NO 958 Mwamosioma Central Kitutu, was part of the deceased's assets.
Issues
- Whether the 1st applicant has capacity to petition for revocation of grant in relation to the deceased estate?
- Whether the suit land formed part of the assets of the estate of the deceased?
- Whether the 1st petitioner has established the grounds for revocation of the grant issued to the petitioners?
Reasoning
The court found that the 1st applicant is a grandson and not a direct beneficiary, thus lacking locus standi. The suit land was not part of the deceased's estate.
Outcome
Application dismissed
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