[2024] KEHC 2156 (KLR)
The court found that since the citor had already been granted leave to apply for grant of letters of administration intestate, the purpose of the citation had been fulfilled. There were no remaining issues for determination in the citation file. Therefore, the court ordered that the citation file be marked as...
Source-derived case information.
- Citation
- [2024] KEHC 2156 (KLR)
- Parties
- Applicant: Wilson Ndolo Ayah; Respondent: Patriciah A Ogwang
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 615 of 2011
- Procedural Posture
- Succession Cause / Ruling on Closure of Citation File
- Outcome
- Citation file closed; no further orders necessary.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Grant of Letters of Administration, Closure of Citation File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Ndolo Ayah
Applicant
Patriciah A Ogwang
Respondent
Procedural Posture
Succession Cause / Ruling on Closure of Citation File
Legal Issues
- 1 Whether there remained any outstanding issues after the grant of letters of administration intestate was issued to the citor.
Ratio Decidendi
The court found that since the citor had already been granted leave to apply for grant of letters of administration intestate, the purpose of the citation had been fulfilled. There were no remaining issues for determination in the citation file. Therefore, the court ordered that the citation file be marked as closed, effectively concluding the matter.
Court Disposition
Citation file closed; no further orders necessary.
Orders
- P&A No. 615 of 2011 is hereby marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Hellen Masime - Deceased (Succession Cause 615 of 2011) [2024] KEHC 2156 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2156 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 615 of 2011
RE Aburili, J
March 4, 2024
Between
Wilson Ndolo Ayah
Petitioner
and
Patriciah A Ogwang
Respondent
Ruling
1. In P&A No. 615 of 2011, the estate was that of Hellen Masime. The Citor was Wilson Ndolo Ayah while the Citee was Patricia A. Ogwang.
2. The Citor was granted leave to apply for grant of letters of Administration Intestate on 10th October 2014.
3. For that reason, the citation file ought to have been closed since nothing else was left for determination.
4. Accordingly, P&A No. 615 of 2011 is hereby marked as closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF MARCH, 2024R. E. ABURILIJUDGE