[2023] KEHC 22390 (KLR)
The court held that since the succession cause had already been dismissed for want of prosecution, any application filed thereafter, including the motion dated May 26, 2023, was without foundation and incompetent. The proper procedure would require reinstatement of the dismissed cause before any further applications...
Source-derived case information.
- Citation
- [2023] KEHC 22390 (KLR)
- Parties
- Applicant: Sarah Chelangat Marus; Respondent: Ebrahim Noordin Sheikhdon
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 243 of 2014
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application
- Outcome
- Application struck out as incompetent; no order as to costs.
- Judges
- JK Sergon
- Legal Topics
- Succession Proceedings, Dismissal for Want of Prosecution, Reinstatement of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Chelangat Marus
Applicant
Ebrahim Noordin Sheikhdon
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application dated May 26, 2023 is competent given the prior dismissal of the succession cause for want of prosecution.
- 2 Whether the succession cause must be reinstated before any further applications can be entertained.
Ratio Decidendi
The court held that since the succession cause had already been dismissed for want of prosecution, any application filed thereafter, including the motion dated May 26, 2023, was without foundation and incompetent. The proper procedure would require reinstatement of the dismissed cause before any further applications could be entertained. As such, the application was struck out as being improperly before the court.
Court Disposition
Application struck out as incompetent; no order as to costs.
Orders
- The motion dated May 26, 2023 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Kiplangat Arap Rop (Deceased) (Succession Cause 243 of 2014) [2023] KEHC 22390 (KLR) (20 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22390 (KLR)
Republic of Kenya
In the High Court at Kericho
Succession Cause 243 of 2014
JK Sergon, J
September 20, 2023
In the matter of
Sarah Chelangat Marus
Applicant
Ruling
1. The motion dated May 26, 2023 taken out by one Sarah Chelangat Marus was placed before this Court for hearing on July 6, 2023.
2. The parties namely Sarah Chelangat Marus and Ebrahim Noordin Sheikhdon appeared before this Court at the time the aforesaid application came up for interpartes hearing and urged this court to consider the Application and prepare a Ruling without them making any substitution.
3. I have perused the court record and it is apparent that this Succession Cause was placed before Lady Justice DR Kavedza for hearing on January 25, 2023.
4. It would appear the Learned Judge proceeded to dismiss this Succession Cause for want of prosecution on the aforesaid date.
5. The Succession cause having been dismissed, automatically makes the instant Application to be without any foundation.
6. The Succession Cause has to be reinstated first before entering such Application.
7. The motion dated May 26, 2023 is without any foundation hence the same is incompetently before this Court.
8. The same is hereby ordered struck out with no orders as to costs.
DATED, SIGNED AND DELIVERED AT VIRTUALLY THIS 20TH SEPTEMBER, 2023. ........................JK SERGONJUDGE