[2023] KEHC 26150 (KLR)
The court found that the petitioners failed to prosecute the summons for confirmation of grant and took no steps to confirm the grant issued to them. As a result, the grant became inoperational and useless. The court exercised its discretion to dismiss the unprosecuted application and to revoke and annul the grant...
Source-derived case information.
- Citation
- [2023] KEHC 26150 (KLR)
- Parties
- Applicant: Kevin Ogolla Ongany; Applicant: Kennedy Otieno Ongany
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 10 of 2019
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Confirmation of Grant and Revocation of Grant
- Outcome
- Application for confirmation of grant dismissed for want of prosecution; grant revoked and annulled; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Ogolla Ongany
Applicant
Kennedy Otieno Ongany
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Confirmation of Grant and Revocation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant should be dismissed for want of prosecution.
- 2 Whether the grant issued on 30th November 2018 should be revoked and annulled due to inaction.
Ratio Decidendi
The court found that the petitioners failed to prosecute the summons for confirmation of grant and took no steps to confirm the grant issued to them. As a result, the grant became inoperational and useless. The court exercised its discretion to dismiss the unprosecuted application and to revoke and annul the grant issued on 30th November 2018. The court further directed that any interested persons in the estate may petition for a fresh grant, and ordered the file closed.
Court Disposition
Application for confirmation of grant dismissed for want of prosecution; grant revoked and annulled; file closed.
Orders
- The summons for confirmation of grant dated 22nd November 2019 are dismissed for want of prosecution.
- The grant issued on 30th November 2018 to Kevin Ogolla Ongany and Kennedy Otieno Ongany is revoked and annulled.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Dishon Ongany Ogwang (Deceased) (Miscellaneous Succession Cause 10 of 2019) [2023] KEHC 26150 (KLR) (29 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26150 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause 10 of 2019
RE Aburili, J
November 29, 2023
IN THE MATTER OF THE ESTATE OF DISHON ONGANY OGWANG –DECEASED AND IN THE MATTER OF AN APPLICATION BY KEVIN OGOLLA ONGANY & KENNEDY OTIENO ONGANY - PETITIONERS
Ruling
1. This file was reconstructed vide the order of this court made on 24th February 2020.
2. The Petitioner filed summons for confirmation of grant which were set for hearing on 11th May 2020.
3. On the latter date, nothing transpired. The Petitioner has never taken steps to have the grant issued to him confirmed.
4. That grant issued on 30th November 2018 has become inoperational and useless.
5. The application by way of summons of confirmation of grant dated 22nd November 2019 which have never been prosecuted are hereby dismissed for want of prosecution and the grant issued on 30th November 2018 to Kevin Ogolla Onyany and Kennedy Otieno Ongany is hereby revoked and annulled.
6. The persons interested in the estate of the deceased Dishon Ongany Ogwang to petition for fresh grant.
7. This file is hereby closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE