[2024] KEHC 15477 (KLR)
The court found that the applicant was guilty of laches, having waited six years after the dismissal of the petition to seek to set aside the order. The court held that any grant issued had not been acted upon and was therefore useless for the period up to the present. The court exercised its discretion to decline...
Source-derived case information.
- Citation
- [2024] KEHC 15477 (KLR)
- Parties
- Applicant: Tobias Ongany Abwanda
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E101 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application to Set Aside Dismissal and for Leave to File Summons for Confirmation of Grant
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Setting Aside Orders, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tobias Ongany Abwanda
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application to Set Aside Dismissal and for Leave to File Summons for Confirmation of Grant
Legal Issues
- 1 Whether the court should set aside the dismissal order of 9th April 2018 in Succession Cause No. 319 of 2013.
- 2 Whether the applicant is entitled to file summons for confirmation of grant after a 6-year delay.
Ratio Decidendi
The court found that the applicant was guilty of laches, having waited six years after the dismissal of the petition to seek to set aside the order. The court held that any grant issued had not been acted upon and was therefore useless for the period up to the present. The court exercised its discretion to decline the application, emphasizing that the applicant should instead petition for a fresh grant. The file was ordered closed, and the application was dismissed on the court's own motion.
Court Disposition
application dismissed
Orders
- The application dated 22nd November 2024 is declined and dismissed.
- The applicant to petition the court for a fresh grant.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Julius Opon Abwanda (Deceased) (Miscellaneous Succession Cause E101 of 2024) [2024] KEHC 15477 (KLR) (5 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15477 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E101 of 2024
RE Aburili, J
December 5, 2024
MISC. SUCCESSION CAUSE NO. E101 OF 2024
IN THE MATTER OF THE ESTATE OF JULIUS OPON ABWANDA DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY TOBIAS ONGANY ABWANDA
In the matter of
Tobias Ongany Abwanda
Applicant
(Arising from Kisumu High Court Succession Cause No. 319 of 2013)
Ruling
1. The application dated 22nd November 2024 seeks orders for setting aside the orders of 9th April 2018 dismissing the Petition and for the Petitioner to file summons for confirmation of grant issued in Succession Cause No. 319 of 2013.
2. I have considered the application which is filed 6 years after dismissal under Section 76 of the Law of Succession Act.
3. The applicant is guilty of laches. The grant if any was issued, never operated, it was useless for the period todate.
4. The application is declined and dismissed on the court’s own motion.
5. The Applicant to petition the court for a fresh grant. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5THDAY OF DECEMBER, 2024R. E. ABURILIJUDGE