[2023] KEHC 19546 (KLR)
The court found that the succession cause concerning the estate of Dorka Ajwang Opiyo had been fully concluded, with the original file transferred to the archives and no pending actions remaining. The only outstanding issue was the case tracking system indicating the matter as active, which was a clerical or...
Source-derived case information.
- Citation
- [2023] KEHC 19546 (KLR)
- Parties
- Applicant: Japheth Opiyo Ligolo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 388 of 2015
- Procedural Posture
- Succession Cause / Ruling on Closure of File
- Outcome
- The succession cause is marked as closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration, Probate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Opiyo Ligolo
Applicant
Procedural Posture
Succession Cause / Ruling on Closure of File
Legal Issues
- 1 Whether there are any pending actions in the estate of Dorka Ajwang Opiyo.
- 2 Whether the succession cause should be marked as closed.
Ratio Decidendi
The court found that the succession cause concerning the estate of Dorka Ajwang Opiyo had been fully concluded, with the original file transferred to the archives and no pending actions remaining. The only outstanding issue was the case tracking system indicating the matter as active, which was a clerical or administrative error. Accordingly, the court exercised its authority to formally mark the file as closed, ensuring that the court record accurately reflected the concluded status of the matter.
Court Disposition
The succession cause is marked as closed.
Orders
- The file is marked as closed.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Dorka Ajwang Opiyo (Deceased) (Succession Cause 388 of 2015) [2023] KEHC 19546 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19546 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 388 of 2015
RE Aburili, J
June 30, 2023
IN THE MATTER OF THE ESTATE OF DORKA AJWANG OPIYO...................................................DECEASED
In the matter of
Japheth Opiyo Ligolo
Petitioner
Ruling
1. This succession cause was concluded and the original file transferred to the archives.
2. However, the case tracking system still shows that the matter is active.
3. As there is no other pending action, I hereby mark this file as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30THDAY OF JUNE, 2023R. E. ABURILIJUDGE