[2024] KEHC 8556 (KLR)
The court found that there was no application on record or in the court's portal as alleged by the applicants, and that the relevant parties, specifically the 3rd Administrator, had not been served. In the absence of a properly filed and served application, the court lacks jurisdiction to entertain or issue...
Source-derived case information.
- Citation
- [2024] KEHC 8556 (KLR)
- Parties
- Applicant: Pamela Awinja Okwaro & 7 others; Respondent: Johnstone Ombima Okwaro & 2 others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 109 of 1987
- Procedural Posture
- Succession Cause / Ruling on Application Status
- Outcome
- file closed; no application to determine
- Judges
- MS Shariff
- Legal Topics
- Succession Proceedings, Estate Administration, Beneficiary Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Awinja Okwaro & 7 others
Applicant
Johnstone Ombima Okwaro & 2 others
Respondent
Procedural Posture
Succession Cause / Ruling on Application Status
Legal Issues
- 1 Whether the court can proceed to determine an application that is not on record or served on all parties.
Ratio Decidendi
The court found that there was no application on record or in the court's portal as alleged by the applicants, and that the relevant parties, specifically the 3rd Administrator, had not been served. In the absence of a properly filed and served application, the court lacks jurisdiction to entertain or issue directions on such a matter. The file was therefore marked as closed, as there was no live application before the court to determine.
Court Disposition
file closed; no application to determine
Orders
- This file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Maganga Okwaro (Deceased) (Succession Cause 109 of 1987) [2024] KEHC 8556 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8556 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 109 of 1987
MS Shariff, J
July 15, 2024
IN THE MATTER OF THE ESTATE OF JOHN MAGANGA OKWARO (DECEASED) IN THE MATTER OF AN APPLICATION
Between
Pamela Awinja Okwaro & 7 others
Applicant
and
Johnstone Ombima Okwaro & 2 others
Respondent
Ruling
1. Whereas on 5. 2.2024 Mr. Mukoya had indicated that there was an application filed by the beneficiaries on 7. 11. 2023 and I then gave directions on the same, the said application is not in the court’s portal and Counsel for the 3rd Administrator is yet to be served with the same. This court cannot deal with a non-existent application.
2. This file is thus marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 15TH DAY OF JULY, 2024. MWANAISHA S. SHARIFFJUDGE