[2023] KEHC 26104 (KLR)
The court found that the applicant failed to prosecute the application dated February 10, 2021 seeking to set aside the revocation of the grant. As a result, the court dismissed the application for want of prosecution. The grant issued on September 14, 2016 remains revoked. The court further ordered that any person...
Source-derived case information.
- Citation
- [2023] KEHC 26104 (KLR)
- Parties
- Applicant: Joshua Opondo Owuor; Respondent: Onyuro Opondo (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1208 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside Revocation of Grant
- Outcome
- application dismissed for want of prosecution; grant remains revoked; file closed
- Judges
- RE Aburili
- Legal Topics
- Grant Revocation, Confirmation of Grant, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Opondo Owuor
Applicant
Onyuro Opondo (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside Revocation of Grant
Legal Issues
- 1 Whether the application dated February 10, 2021 to set aside the revocation of grant should be allowed.
- 2 Whether the grant issued on September 14, 2016 should remain revoked for want of prosecution.
Ratio Decidendi
The court found that the applicant failed to prosecute the application dated February 10, 2021 seeking to set aside the revocation of the grant. As a result, the court dismissed the application for want of prosecution. The grant issued on September 14, 2016 remains revoked. The court further ordered that any person interested in the estate of Onyuro Opondo must petition afresh, and the file is closed. The decision was based on the applicant's inaction and the principle that litigation must be actively pursued.
Court Disposition
application dismissed for want of prosecution; grant remains revoked; file closed
Orders
- The application dated February 10, 2021 is dismissed for want of prosecution.
- The grant stands revoked.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Onyuro Opondo - Deceased (Succession Cause 1208 of 2015) [2023] KEHC 26104 (KLR) (29 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26104 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1208 of 2015
RE Aburili, J
November 29, 2023
IN THE MATTER OF THE ESTATE OF ONYURO OPONDO– DECEASED AND IN THE MATTER OF AN APPLICATION BY JOSHUA OPONDO OWUOR - APPLICANT
Ruling
1. This Succession Cause was filed on November 23, 2015 and gazetted on January 15, 2016.
2. Grant was issued on September 14, 2016 but the same has never been confirmed despite the application dated November 8, 2016 which was never prosecuted.
3. On 30th May 2018, the court revoked and annulled the grant and closed the file. The Petitioner applied for setting aside of the orders of May 30, 2018 vide an application dated February 10, 2021 but he has never prosecuted it.
4. I hereby dismiss the application dated February 10, 2021 for want of prosecution and order that the grant stands revoked.
5. Any person interested in the estate of the deceased Onyuro Opondo shall petition afresh.
6. This file is closed.
7. I so order.
8. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE