[2024] KEHC 5426 (KLR)
The court found that the applicants had provided a satisfactory explanation for their absence on the previous hearing date, namely the indisposition of one of the applicants. All beneficiaries were present in court and consented to the proposed mode of distribution. The court was persuaded by the explanation and, in...
Source-derived case information.
- Citation
- [2024] KEHC 5426 (KLR)
- Parties
- Applicant: Margaret Okuta Adongo; Applicant: Siprosa Atieno Adongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 980 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement and Confirmation of Grant
- Outcome
- Application for reinstatement allowed; petition reinstated; estate to be distributed as per supporting affidavit; certificate of confirmation of grant to issue; file closed.
- Judges
- MS Shariff
- Legal Topics
- Succession, Confirmation of Grant, Reinstatement of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Okuta Adongo
Applicant
Siprosa Atieno Adongo
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement and Confirmation of Grant
Legal Issues
- 1 Whether the petition for succession should be reinstated after being dismissed for non-attendance.
- 2 Whether the estate should be distributed as per the proposed mode in the supporting affidavit.
Ratio Decidendi
The court found that the applicants had provided a satisfactory explanation for their absence on the previous hearing date, namely the indisposition of one of the applicants. All beneficiaries were present in court and consented to the proposed mode of distribution. The court was persuaded by the explanation and, in the interests of justice and expediency, reinstated the petition and ordered the estate to be distributed as per the agreed mode outlined in the supporting affidavit. The court further directed that a certificate of confirmation of grant be issued and marked the file as closed.
Court Disposition
Application for reinstatement allowed; petition reinstated; estate to be distributed as per supporting affidavit; certificate of confirmation of grant to issue; file closed.
Orders
- The petition is reinstated.
- The estate of the deceased shall be distributed as per paragraph 6 of the supporting affidavit of the Petitioners/Applicants dated 27.2.2024.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Morris Adongo Masan alias Maurice Adongo Masan (Deceased) (Succession Cause 980 of 2014) [2024] KEHC 5426 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5426 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 980 of 2014
MS Shariff, J
May 21, 2024
IN THE MATTER OF THE LATE MORRIS ADONGO MASAN alias MAURICE ADONGO MASAN (DECEASED)
IN THE MATTER OF AN APPLICATION BY:
In the matter of
Margaret Okuta
1st Petitioner
Siprosa Atieno Adongo
2nd Petitioner
Ruling
1. I have considered the chamber summons dated 27th February, 2024 and the affidavit in support thereof sworn by Margaret Okuta Adongo and Siprosa Atieno Adongo on even date and I note that the Applicants have deponed that their absence in court on 17th May 2023 was due to the indisposition of Margaret Okuta Adongo. I am persuaded by that explanation and I note that all the beneficiaries are present in court and are agreeable to the proposed mode of distribution once this court considers the prayer for reinstatement favourably.
2. Premised upon the reason aforestated I do hereby reinstate this petition and I do hereby order that the estate of the deceased be distributed as per paragraph 6 of the supporting affidavit of the Petitioners/Applicants dated 27. 2.2024.
3. A certificate of confirmation of grant to issue accordingly.
4. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 21ST DAY OF MAY, 2024. MWANAISHA S. SHARIFFJUDGE