[2023] KEHC 19547 (KLR)
The court found that the succession cause had been concluded, with no pending issues for determination. Despite the Case Tracking System indicating the file as active, the judge confirmed that there was no further action required. Therefore, the file was marked as closed to reflect the true status of the matter.
Source-derived case information.
- Citation
- [2023] KEHC 19547 (KLR)
- Parties
- Applicant: Nelson Wekulo Odityo; Respondent: Christina Damarie Mukolwe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 255 of 2003
- Procedural Posture
- Succession Cause / Ruling on File Closure
- Outcome
- The file is marked as closed as there is nothing pending for further action.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Wekulo Odityo
Applicant
Christina Damarie Mukolwe
Respondent
Procedural Posture
Succession Cause / Ruling on File Closure
Legal Issues
- 1 Whether there are any pending matters requiring further action in the succession cause.
- 2 Whether the file should be marked as closed.
Ratio Decidendi
The court found that the succession cause had been concluded, with no pending issues for determination. Despite the Case Tracking System indicating the file as active, the judge confirmed that there was no further action required. Therefore, the file was marked as closed to reflect the true status of the matter.
Court Disposition
The file is marked as closed as there is nothing pending for further action.
Orders
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Henry Mumero Odityo (Deceased) (Succession Cause 255 of 2003) [2023] KEHC 19547 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19547 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 255 of 2003
RE Aburili, J
June 30, 2023
IN THE MATTER OF THE ESTATE OF HENRY MUMERO ODITYO................................................DECEASED AND IN THE MATTER OF THE APPLICATION BY
Between
Nelson Wekulo Odityo
Petitioner
and
Christina Damarie Mukolwe
Objector
Ruling
1. This Succession Cause was concluded and the original case file sent to the archives.
2. However, the Case Tracking System shows that the file is still active.
3. As there is nothing pending for further action, I hereby mark this file as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2023R. E. ABURILIJUDGE