[2023] KEHC 22674 (KLR)
The court found that the application to revive the succession cause, which had been dismissed for want of prosecution, was itself never prosecuted since its filing on March 2, 2021. Despite directions to provide particulars of a pending petition, no action was taken by the applicants or their counsel. The court,...
Source-derived case information.
- Citation
- [2023] KEHC 22674 (KLR)
- Parties
- Applicant: Millicent Adhiambo Msega; Applicant: Peter Okinyo Okoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 48 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application to Revive Cause
- Outcome
- application dismissed for want of prosecution; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revival of Dismissed Cause, Probate and Administration Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Millicent Adhiambo Msega
Applicant
Peter Okinyo Okoth
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Revive Cause
Legal Issues
- 1 Whether the application dated March 2, 2021 to revive the dismissed succession cause should be allowed.
- 2 Whether the matter should remain open despite lack of prosecution.
Ratio Decidendi
The court found that the application to revive the succession cause, which had been dismissed for want of prosecution, was itself never prosecuted since its filing on March 2, 2021. Despite directions to provide particulars of a pending petition, no action was taken by the applicants or their counsel. The court, therefore, dismissed the application for want of prosecution and ordered the file closed under Rule 73 of the Probate and Administration Rules, emphasizing the need for diligence in prosecuting succession matters.
Court Disposition
application dismissed for want of prosecution; file closed
Orders
- The application dated March 2, 2021 is dismissed for want of prosecution.
- This file is closed under Rule 73 of the Probate and Administration Rules.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Maurice Oderah Okoth (Deceased) (Succession Cause 48 of 2012) [2023] KEHC 22674 (KLR) (27 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22674 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 48 of 2012
RE Aburili, J
September 27, 2023
IN THE MATTER OF THE ESTATE OF MAURICE ODERAH OKOTH (DECEASED)
In the matter of
Millicent Adhiambo Msega
1st Applicant
Peter Okinyo Okoth
2nd Applicant
Ruling
1. On September 19, 2022, the Petitioner’s counsel informed the court that there is another pending petition and he was to supply this court with particulars of the said petition but to date, no such particulars have been availed to court.
2. As this matter was dismissed for want of prosecution under Rule 73 of the Probate and Administration Rules on January 30, 2016 and the application to revive it dated March 2, 2021 has never been prosecuted, the application dated March 2, 2021 is hereby dismissed for want of prosecution and this file is closed under Rule 73 of the Probate and Administration Rules.
3. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE