The Joseph Ogonga Onyoni the applicant herein filed the application dated 12.5.23 seeking :
1 …………………Spent .
2. That this Court be pleased to set aside it’s orders dated 87.2015 revoking the grant.
3. That this court be pleased to reinstate the grant for confirmation.
4. that costs be provides for
The application is based on the grounds that ;
- The grant of letters of administration was issued herein on 14.2.2005
- The grant was later revoked on 8.5.2015.
- The petitioner had health problems and was also paying school fees for his children and hence the delay in prosecuting the cause.
- That petitioner was not served with any notice to show cause before revocation of the grant .
- That the petitioner wishes to have the matter concluded
- It is fair and just that the order sought be granted.
The application is supported by the annexed affidavit of Joseph Oginga Onyoni in which he deponed to the facts as per the grounds listed on the face of the application.
I have carefully considered the application . The grant was issued on 14.2.2005 and revoked on 8.7.2015 for want of confirmation under Section 76 (d) (i) of the Law Succession Act and Rule 44(5) of the probate and administration Rules . The applicant says he had health problems and was also strained by school fees for his children. Further that he was not served with a notice before the grant was revoked . I have perused the file and I have not seen any notice served upon the petitioner. The application is merited and I proceed to allow it . I reinstate the grant and o order that the petitioner files summons for confirmation of grant within 21 days from today. Mention on 28.10.24.
DELIVERED VIRTUALLY VIA TEAMS PLATFORM IN THE PRESENCE OF
APPLICANT
CA : OIGO