[2023] KEHC 22672 (KLR)

[2023] KEHC 22672 (KLR)

The court found that the application dated 3rd August 2020 seeking revival of the succession cause had not been prosecuted since its filing. In the absence of any action to move the court, and in line with the need for expeditious disposal of matters, the court dismissed the application for want of prosecution. The...

Source-derived case information.

Citation
[2023] KEHC 22672 (KLR)
Parties
Applicant: Jackton Waga Jalang’o
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 482 of 2011
Procedural Posture
Succession Cause / Ruling on Application for Revival of Cause
Outcome
Application dismissed for want of prosecution; file closed; any interested party to petition afresh for a grant.
Judges
RE Aburili
Legal Topics
Probate and Administration, Revival of Cause, Grant of Letters of Administration
Source Language
en
Family and Children Probate and Administration Revival of Cause Grant of Letters of Administration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jackton Waga Jalang’o

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Revival of Cause

Legal Issues

  1. 1 Whether the application dated 3rd August 2020 for revival of the succession cause should be allowed.
  2. 2 Whether the matter should remain open or be closed under Rule 73 of the Probate and Administration Rules.
  3. 3 Whether any grant of representation has ever been issued in respect of the estate.

Ratio Decidendi

The court found that the application dated 3rd August 2020 seeking revival of the succession cause had not been prosecuted since its filing. In the absence of any action to move the court, and in line with the need for expeditious disposal of matters, the court dismissed the application for want of prosecution. The court further noted that no grant of representation had ever been issued in the matter, and therefore any interested party must petition afresh for a grant. The file was ordered closed under Rule 73 of the Probate and Administration Rules.

Court Disposition

Application dismissed for want of prosecution; file closed; any interested party to petition afresh for a grant.

Orders

  • The application dated 3rd August 2020 is dismissed for want of prosecution.
  • The file is closed under Rule 73 of the Probate and Administration Rules.