[2024] KEHC 5755 (KLR)
The court found that since the grant issued to the administrators was revoked on 30th November 2016 and no further proceedings or applications were pending, there was no substantive issue left for determination. The absence of any entry in the system for closure was a procedural omission, which the court rectified...
Source-derived case information.
- Citation
- [2024] KEHC 5755 (KLR)
- Parties
- Applicant: Alice Gloria Majivuno; Applicant: Ronald Musungu Mukunza
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 225 of 2012
- Procedural Posture
- Succession Cause / Ruling on File Closure
- Outcome
- file closed and archived
- Judges
- RE Aburili
- Legal Topics
- Grant Revocation, Estate Administration, File Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Gloria Majivuno
Applicant
Ronald Musungu Mukunza
Applicant
Procedural Posture
Succession Cause / Ruling on File Closure
Legal Issues
- 1 Whether there are any pending matters requiring the court's consideration in the estate of Edward Lanogwa Mukunza.
- 2 Whether the file should be formally closed and archived.
Ratio Decidendi
The court found that since the grant issued to the administrators was revoked on 30th November 2016 and no further proceedings or applications were pending, there was no substantive issue left for determination. The absence of any entry in the system for closure was a procedural omission, which the court rectified by ordering the formal closure and archiving of the file. The court exercised its inherent powers to ensure proper administration of justice and case management, holding that the matter was concluded and the file should be archived.
Court Disposition
file closed and archived
Orders
- The file is hereby closed for archiving.
- Ruling to be typed and uploaded in the Case Tracking System.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Edward Lanogwa Mukunza (Deceased) (Succession Cause 225 of 2012) [2024] KEHC 5755 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5755 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 225 of 2012
RE Aburili, J
May 9, 2024
Ruling
1. This is a 2012 Succession Cause. The grant was issued on 3rd October 2012 to Alice Gloria Majivuno and Ronald Musungu Mukunza to administer the estate of Edward Lanogwa Mukunza, deceased.
2. However, that grant which was never confirmed was revoked by the court on 30th November 2016, on the court’s own motion and the file was closed.
3. No entry was made in the system for closure of the file.
4. As there is nothing pending consideration, this file is hereby closed for archiving.
5. Ruling to be typed and uploaded in the Case Tracking System.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE