[2024] KEHC 6783 (KLR)
The court found that the applicants were properly served with the notice to show cause prior to the revocation of the grant, as evidenced by the court record indicating service to the address provided in the petition. The applicants failed to provide medical evidence to substantiate claims of indisposition and did...
Source-derived case information.
- Citation
- [2024] KEHC 6783 (KLR)
- Parties
- Applicant: Anne Munagi Lugalia; Applicant: Lonna Musimbi Chavangi; Applicant: Ebrahim Enunda Lidubwi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E032 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Reinstatement of Petition
- Outcome
- Application for reinstatement of petition declined; file marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Revocation of Grant, Reinstatement of Petition, Service of Notice, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Munagi Lugalia
Applicant
Lonna Musimbi Chavangi
Applicant
Ebrahim Enunda Lidubwi
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Reinstatement of Petition
Legal Issues
- 1 Whether the petition for succession should be reinstated after revocation of grant nearly nine years ago.
- 2 Whether the applicants were properly served with notice to show cause before revocation.
- 3 Whether the applicants have provided sufficient reasons for the delay in seeking reinstatement.
Ratio Decidendi
The court found that the applicants were properly served with the notice to show cause prior to the revocation of the grant, as evidenced by the court record indicating service to the address provided in the petition. The applicants failed to provide medical evidence to substantiate claims of indisposition and did not offer any explanation for the prolonged inaction by the other applicants. Given the lapse of nearly nine years since the revocation and the lack of credible justification for the delay, the court declined to reinstate the petition. The applicants were advised to file a fresh petition in the appropriate jurisdiction, namely the Vihiga courts, as most of the properties are...
Court Disposition
Application for reinstatement of petition declined; file marked as closed.
Orders
- The application for reinstatement of the petition is declined.
- Applicants are at liberty to file a fresh petition in Vihiga courts.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Joel Munzatsi Lidubwi (Deceased) (Miscellaneous Succession Cause E032 of 2024) [2024] KEHC 6783 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6783 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E032 of 2024
MS Shariff, J
May 30, 2024
In the matter of
Anne Munagi Lugalia
1st Applicant
Lonna Musimbi Chavangi
2nd Applicant
Ebrahim Enunda Lidubwi
3rd Applicant
Ruling
1. I have perused the notice of motion dated 29th May 2024, and the supporting affidavit sworn by Anne Munagi Lugalia, Lonna Musimbi Chavangi and Ebrahim Enunda Lidumbwi on even date and I do note that whereas the Applicants blame the court for alleged failure to serve them with a notice to show cause, the court record clearly reveals that such notice was sent to them on 7th July 2015 through postal address P.O. Box 2105 Kisumu which address is disclosed in the petition.
2. It is noteworthy that it is now almost 9 years since the grant herein was revoked and whereas the Applicants allege that one of them specifically Lona Musimbi Chavangi was indisposed for a lengthy period of time, no medical evidence has been annexed to prove that assertion. Furthermore, no reasons have been advanced to explain the inertia on the part of the other Applicants.
3. Premised on the reasons aforestated I decline to reinstate this petition. The Applicants are at liberty to file a fresh petition in Vihiga courts given that most of the properties are situated within the geographical jurisdiction of Vihiga Law Courts.
4. This file is marked as closed.
Dated, signed and delivered at Kisumu this 30th day of May, 2024Mwanisha S. ShariffJUDGEPage | 2