[2021] KEHC 8477 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in prosecuting the succession cause, specifically attributing the delay to the failure of the Principal Registrar's office to process and issue Form 30. The court exercised its discretion to set aside the orders made on 11 July 2019...
Source-derived case information.
- Citation
- [2021] KEHC 8477 (KLR)
- Parties
- Applicant: Petitioner
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 186 of 1998
- Procedural Posture
- Succession Cause / Application for Reinstatement of Cause
- Outcome
- Application allowed; succession cause reinstated.
- Judges
- OA Sewe
- Legal Topics
- Probate and Administration, Reinstatement of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petitioner
Applicant
Procedural Posture
Succession Cause / Application for Reinstatement of Cause
Legal Issues
- 1 Whether sufficient cause has been shown to warrant the reinstatement of the succession cause.
- 2 Whether the delay in prosecution was justified.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in prosecuting the succession cause, specifically attributing the delay to the failure of the Principal Registrar's office to process and issue Form 30. The court exercised its discretion to set aside the orders made on 11 July 2019 and reinstated the cause to allow it to proceed to its logical conclusion, emphasizing the need to facilitate the administration of the deceased's estate in the interests of justice.
Court Disposition
Application allowed; succession cause reinstated.
Orders
- The orders made herein on 11 July 2019 are set aside.
- This cause is reinstated for the purpose of being processed to its logical conclusion.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
SUCCESSION CAUSE NO. 186 OF 1998
IN THE MATTER OF THE ESTATE OF CONSTANTINA JEBOGEA CHUMO...........................................(DECEASED)
RULING
Having perused and given consideration to the Petitioner’s application dated 5 February 2021 along with its Supporting Affidavit and its annexures; and having perused the court record, I am convinced that sufficient cause has been shown for the reinstatement of this cause. Annexure MKM1 clearly shows that the delay was occasioned in part by the office to the Principal Registrar, for its failure to process and issue Form 30. In the premises, the application dated 5 February 2021 is hereby allowed and orders granted as hereunder: -
1) That the orders made herein on 11 July 2019 be and are hereby set aside.
2) That this cause be and is hereby reinstated for the purpose of being processed to its logical conclusion.
3) That the file be mentioned before the Deputy Registrar on 12 April 2021 for the purpose of following on Form 30 and further action.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 15TH DAY OF MARCH, 2021
OLGA SEWE
JUDGE