[2022] KEHC 13423 (KLR)
The court declined to set aside the dismissal of the confirmation application because no reasons were advanced for the failure to prosecute the application between 2007 and 2019. The court found no justification to disturb the dismissal order. However, the court allowed the substitution of the deceased...
Source-derived case information.
- Citation
- [2022] KEHC 13423 (KLR)
- Parties
- Applicant: Vincent Asila; Applicant: Reuben Asila; Administrator: Wilson A Lisasi (deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 132 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Dismissal and Substitute Administrator
- Outcome
- Application partly allowed and partly dismissed.
- Judges
- WM Musyoka
- Legal Topics
- Succession, Grant of Administration, Confirmation of Grant, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Asila
Applicant
Reuben Asila
Applicant
Wilson A Lisasi (deceased)
Administrator
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Dismissal and Substitute Administrator
Legal Issues
- 1 Whether the order dismissing the confirmation application should be set aside.
- 2 Whether a new administrator should be appointed to substitute the deceased administrator.
Ratio Decidendi
The court declined to set aside the dismissal of the confirmation application because no reasons were advanced for the failure to prosecute the application between 2007 and 2019. The court found no justification to disturb the dismissal order. However, the court allowed the substitution of the deceased administrator, as the parties were in agreement and there was no opposition. The grant was ordered to be amended to reflect Vincent Asila Wilson as the new administrator. The parties were directed to file a fresh application for confirmation of grant.
Court Disposition
Application partly allowed and partly dismissed.
Orders
- The prayer to set aside the dismissal of the confirmation application is declined.
- Vincent Asila Wilson is appointed to substitute the late Wilson A Lisasi as administrator.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Ezekiel Shinyabi Asila (Deceased) (Succession Cause 132 of 2001) [2022] KEHC 13423 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13423 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 132 of 2001
WM Musyoka, J
September 23, 2022
Ruling
1. The motion for determination is dated June 3, 2021. It seeks the setting aside of orders made on September 29, 2019, dismissing the confirmation application, dated July 24th , 2017, and the substitution of a dead administrator.
2. The application that was dismissed on September 29, 2019 is actually dated July 24, 2007, and had been filed on October 29, 2007. No reasons have been advanced for the failure to prosecute it between the date of its filing on October 29th, 2007 and the date of its dismissal on September 29, 2019. I see no reason why I should set aside the order of September 29, 2019. The parties shall have to file a fresh application for confirmation.
3. On the appointment of a new administrator to take the place of the departed administrator, it would appear that the parties are in agreement on that. I do not see why that plea should not be allowed. Let Vincent Asila Wilson take the place of the late Wilson A Lisasi as administrator. The grant on record issued, on June 26, 2001, shall be amended to reflect that change
4. The motion dated June 3, 2021 is disposed of in the terms proposed at paragraph 2 and 3 of this ruling. The matter shall be mentioned to confirm filing of a summons for confirmation of grant.
5. For the purpose of the record, this is one of the matters that I took over from F Amin J, on June 16, 2022. It was due for ruling on February 28, 2022.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23rd DAY OF SEPTEMBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court AssistantVincent Asila, the applicant, in person.Reuben Asila, the applicant, in person.