[2023] KEHC 23145 (KLR)
The court found that the applicants failed to prosecute their application dated August 20, 2018 for over five years. In the interest of justice and efficient case management, the court exercised its discretion to dismiss the application for want of prosecution. The court further ordered the closure of the file,...
Source-derived case information.
- Citation
- [2023] KEHC 23145 (KLR)
- Parties
- Applicant: Maurice Nyabute; Applicant: Francis Omondi Omoke
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 597 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Want of Prosecution
- Outcome
- application dismissed for want of prosecution; file closed
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Succession Applications, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Nyabute
Applicant
Francis Omondi Omoke
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Want of Prosecution
Legal Issues
- 1 Whether the application dated August 20, 2018 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicants failed to prosecute their application dated August 20, 2018 for over five years. In the interest of justice and efficient case management, the court exercised its discretion to dismiss the application for want of prosecution. The court further ordered the closure of the file, bringing the matter to a conclusion.
Court Disposition
application dismissed for want of prosecution; file closed
Orders
- The application dated August 20, 2018 is dismissed for want of prosecution.
- This file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of John Omoke Nyabute (Deceased) (Succession Cause 597 of 2005) [2023] KEHC 23145 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23145 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 597 of 2005
RE Aburili, J
October 2, 2023
In the matter of
Maurice Nyabute
1st Applicant
Francis Omondi Omoke
2nd Applicant
Ruling
1. The applicant has never prosecuted the application dated August 20, 2018 which was filed over 5 years ago.
2. Accordingly, the application dated August 20, 2018 be and is hereby dismissed for want of prosecution.
3. This file is hereby closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF OCTOBER, 2023R. E. ABURILIJUDGE