1. The petition, dated 7th September 2024, has been placed before me, under certificate of urgency, and I have considered it.
2. It seeks the making of a grand of letters of administration ad colligenda bona.
3. There is already a life or active succession cause, in Busia CMCSC No. 386 of 2016, which, I am told, is in the process of being transferred to the High Court, and it is in the matter of the estate of Elias Malomba Obuyu, just like in the instant cause, and there is an administratrix in place, called Christine Mango.
4. There is no evidence that the said grant, made in Busia CMCSC No. 386 of 2016, has been revoked or recalled, which means that Christine Mango is still in office as the administratrix of the estate of Elias Malomba Obuyu.
5. The instant petition has been filed in abuse of process of court, as there should be more that 1 cause in respect of the same estate, nor should 2 grants be made in respect of the same estate, whether in same cause or separate causes, and there should only be 1 administration of an estate, through 1 grant held by either 1 or more administrators, issued in the same cause.
7. The petitioner herein is inviting me to make a second grant, to the estate of Elias Malomba Obuyu, separate from that held by Christine Mango, in respect of the same estate, something which is not allowed in law.
8. As the petition herein is filed in abuse of court process, I will hereby strike it out, and order that the file be closed, and moved to the archives.
9. Let the petitioner pursue his interests through Busia CMCSC No. 386 of 2016, by causing the speeding up of the registration of that cause at the High Court.
10. To ensure that that process, of speeding up the said registration, happens, I hereby direct that a copy of this ruling be placed before the Deputy Registrar, for action.
11. I have delivered this ruling, at Busia, on this 9th day of October 2024.
W MUSYOKA
JUDGE