[2023] KEHC 23498 (KLR)
The court found that the application for reconstruction of the missing succession file was unopposed and necessary to enable the conclusion of Succession Cause No 365 of 2008. The absence of opposition and the need to facilitate the administration of justice justified granting the orders sought. The court therefore...
Source-derived case information.
- Citation
- [2023] KEHC 23498 (KLR)
- Parties
- Applicant: Derrick Kolanya Mbasa; Respondent: Jotham Omondi Obiero; Protestor: Joseph Odera Olocho
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E3 of 2022
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for File Reconstruction
- Outcome
- Application for reconstruction of the file allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession File Reconstruction, Missing Court Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Derrick Kolanya Mbasa
Applicant
Jotham Omondi Obiero
Respondent
Joseph Odera Olocho
Protestor
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for File Reconstruction
Legal Issues
- 1 Whether the court should allow the reconstruction of the missing succession file to enable conclusion of Succession Cause No 365 of 2008.
Ratio Decidendi
The court found that the application for reconstruction of the missing succession file was unopposed and necessary to enable the conclusion of Succession Cause No 365 of 2008. The absence of opposition and the need to facilitate the administration of justice justified granting the orders sought. The court therefore allowed the application, ordered the opening of a fresh succession miscellaneous cause, and directed the petitioner to supply all documents in their possession to assist in reconstructing the file. The current file was ordered closed.
Court Disposition
Application for reconstruction of the file allowed.
Orders
- The application for reconstruction of the file is allowed.
- A fresh Succession Miscellaneous Cause shall be opened afresh.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Oloo Ofuya (Deceased) (Miscellaneous Succession Cause E3 of 2022) [2023] KEHC 23498 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23498 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E3 of 2022
RE Aburili, J
October 4, 2023
IN THE MATTER OF THE ESTATE OF OLOO OFUYA (DECEASED)
Between
Derrick Kolanya Mbasa
Applicant
and
Jotham Omondi Obiero
Respondent
and
Joseph Odera Olocho
Protestor
Ruling
1. The application dated September 13, 2021 seeks for reconstruction of a skeleton file in Succession Cause No 365 of 2008 which went missing from 2017. It is supported by the affidavit of Joseph Odera Olocho the Protestor. There is no opposition to the application whose purpose is to reconstruct the file so that the succession cause can be concluded, although the application is being considered two years after it was filed.
2. Accordingly, I hereby allow the application for reconstruction of the file and order for reconstruction of a fresh Succession Miscellaneous Cause to be opened afresh and the Petitioner do supply to court all the documents in their possession to constitute and reconstruct the said file.
3. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE