[2023] KEHC 23510 (KLR)
The court found that the applicant failed to provide any evidence to support the allegations regarding the deaths of beneficiaries and did not sufficiently explain the delay from 2010 to 2023 in prosecuting the objection. While acknowledging that objection proceedings in succession matters do not have a statutory...
Source-derived case information.
- Citation
- [2023] KEHC 23510 (KLR)
- Parties
- Petitioner: Benson Wafula Makonge; Objector: Jacob Simiyu Makonge; Applicant: Joseph Nyongesa Makonge
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 170 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Reinstate Dismissed Objection
- Outcome
- application dismissed
- Judges
- REA Ougo
- Legal Topics
- Succession Procedure, Reinstatement of Application, Delay in Prosecution, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Wafula Makonge
Petitioner
Jacob Simiyu Makonge
Objector
Joseph Nyongesa Makonge
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Reinstate Dismissed Objection
Legal Issues
- 1 Whether the application to reinstate the dismissed objection should be granted despite the long delay.
- 2 Whether the applicant provided sufficient explanation for the delay from 2010 to 2023.
- 3 Whether the deaths of several beneficiaries justify reinstatement of the objection proceedings.
Ratio Decidendi
The court found that the applicant failed to provide any evidence to support the allegations regarding the deaths of beneficiaries and did not sufficiently explain the delay from 2010 to 2023 in prosecuting the objection. While acknowledging that objection proceedings in succession matters do not have a statutory time limit, the court emphasized that parties are still required to prosecute their applications diligently. The absence of supporting documentation and the unexplained delay led the court to decline the request for reinstatement. The court further noted that any new objector is at liberty to file a fresh application, which will be considered on its own merits.
Court Disposition
application dismissed
Orders
- The application dated 23.3.2023 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Jotham Makonge Osore (Deceased) (Succession Cause 170 of 2008) [2023] KEHC 23510 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23510 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 170 of 2008
REA Ougo, J
October 5, 2023
IN THE MATTER OF THE ESTATE OF JOTHAM MAKONGE OSORE (DECEASED)
Between
Benson Wafula Makonge
Petitioner
and
Jacob Simiyu Makonge
Objector
and
Joseph Nyongesa Makonge
Applicant
Ruling
1. I have considered the application dated 28. 3.2023 and the oral submissions of 3. 7.2023 by the counsels. The said application as per the court record was filed by Jacob Simiyu Makonge.
2. The application was filed in 2010 and was dismissed for want of prosecution. It was not heard on merit. The applicant claims that several beneficiaries have died. I agree with the Respondent that there is nothing attached to demonstrate what is alleged. The delay from 2010 to 2023 hasn’t been sufficiently explained by the applicant. I also take note that objection proceedings don’t have a time limit. If there is yet another objector then the said person is at liberty to file another application. Once it is filed the court will give directions. I decline to grant the orders sought in the application dated 23. 3.2023. No orders as to costs.
DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS THIS 5TH DAY OF OCTOBER 2023. R. E. OUGOJUDGE