[2017] KEHC 4328 (KLR)
The court found that the objector, Cletus Sudi Juma, failed to prosecute his objection for over two years after filing, and did not respond to the application for dismissal despite being properly served. The file remained dormant except at the instance of the applicants. The court inferred that the objector had lost...
Source-derived case information.
- Citation
- [2017] KEHC 4328 (KLR)
- Parties
- Applicant: Fredrick Wafula Wekesa; Applicant: Cyril Sudi Wekesa; Respondent: Cletus Sudi Juma
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 553 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application to Dismiss Objection for Want of Prosecution
- Outcome
- Objection dismissed for want of prosecution.
- Legal Topics
- Succession Objection, Dismissal for Want of Prosecution, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Wafula Wekesa
Applicant
Cyril Sudi Wekesa
Applicant
Cletus Sudi Juma
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Dismiss Objection for Want of Prosecution
Legal Issues
- 1 Whether the objection filed by the respondent should be dismissed for want of prosecution.
- 2 Whether sufficient notice was served on the respondent regarding the application for dismissal.
Ratio Decidendi
The court found that the objector, Cletus Sudi Juma, failed to prosecute his objection for over two years after filing, and did not respond to the application for dismissal despite being properly served. The file remained dormant except at the instance of the applicants. The court inferred that the objector had lost interest in the matter and, applying the principles of case management and the need for expeditious disposal of cases, dismissed the objection for want of prosecution.
Court Disposition
Objection dismissed for want of prosecution.
Orders
- The objection dated 17/12/2014 by Cletus Sudi Juma is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO. 553 OF 2014
IN THE MATTER OF
ADRIANO WEKESA MUGANDA (alias)
ANDIANO WEGESA MUGANDA……………….......…..DECEASED
VERSUS
FREDRICK WAFULA WEKESA
CYRIL SUDI WEKESA………………….………….…PETITIONERS
VERSUS
CLETUS SUDI JUMA………….…………............…..RESPONDENT
RULING
[1]. When ADRIAN WEKESA MUGANDA died on 15/05/2007, his sons FREDRICK WAFULA WEKESA(1st Petitioner) and CYRIL SUDI WEKESA (2nd Petitioner) petitioned for grant of letters of administration on 4th December 2014. However, before the grant could be confirmed CLETUS SUDI JUMA filed an objection on 17/12/2014 which was only served on the 1st Petitioner.
[2]. The 2nd Petitioner got to learn about the matter in the year 2016 after he checked at the registry to establish the progress of the file. It is the petitioners contention that two years have lapsed and the objector has not prosecuted his objection, and urges this court to dismiss it.
[3].The respondent/objector was served with this application dated 22/06/2016 seeking dismissal of his objection on 06/12/2016 through his last known address, the document has never been returned unclaimed.
A perusal of the court record shows the file has been dormant since it was filed and only came up on 02/03/2017 at the motion of the applicant. The only inference I can draw is that the objector has list interest in the motion, so his objection dated 17/12/2014 be and is hereby dismissed for want of prosecution.
Delivered and dated this 12th day of July, 2017 Bungoma.
H. A. OMONDI
JUDGE.