[2024] KEHC 6776 (KLR)
The court determined that, following notice and in the absence of any attendance or action by the parties, it was reasonable to infer that the parties had lost interest in the matter and had abandoned it. In line with the overriding objectives of the Civil Procedure Act to facilitate the just, expeditious,...
Source-derived case information.
- Citation
- [2024] KEHC 6776 (KLR)
- Parties
- Applicant: James Kinyanjui Kamau (Deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 417 of 2009
- Procedural Posture
- Succession Cause / Ruling on Abandonment/closure
- Outcome
- File marked as closed due to abandonment by parties.
- Judges
- PN Gichohi
- Legal Topics
- Case Abandonment, File Closure, Court Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kinyanjui Kamau (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Abandonment/closure
Legal Issues
- 1 Whether the matter should be closed due to lack of prosecution and apparent abandonment by the parties.
Ratio Decidendi
The court determined that, following notice and in the absence of any attendance or action by the parties, it was reasonable to infer that the parties had lost interest in the matter and had abandoned it. In line with the overriding objectives of the Civil Procedure Act to facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes, the court exercised its discretion to mark the file as closed.
Court Disposition
File marked as closed due to abandonment by parties.
Orders
- The file is marked as closed under Section 1A and 1B of the Civil Procedure Act.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of James Kinyanjui Kamau (Deceased) (Succession Cause 417 of 2009) [2024] KEHC 6776 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6776 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 417 of 2009
PN Gichohi, J
June 10, 2024
IN THE MATTER OF ESTATE OF JAMES KINYANJUI KAMAU (DECEASED
Ruling
1. No attendance for parties physically in open court or online.
2. Pursuant to Notice issued herein in compliance with the court’s directions dated 18/3/2024, this court has taken it that parties have lost interest in the matter and therefore abandoned it.
3. The file is now marked as closed under Section 1A and 1B of Civil Procedure Act.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 10TH DAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:N/A for parties.Ruto - Court Assistant.