[2024] KEHC 5137 (KLR)
The court found that the application for limited grant ad coligenda bona, filed two years after the deceased's death, did not demonstrate urgency. After the duty judge declined to certify the application as urgent and referred the matter to the Siaya High Court, the applicants failed to take any further steps to...
Source-derived case information.
- Citation
- [2024] KEHC 5137 (KLR)
- Parties
- Applicant: William Sidigu Onyango; Respondent: Estate of Pitalis Adol Orege alias Adol Orege (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E005 of 2018
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Unprosecuted Application for Limited Grant Ad Coligenda Bona
- Outcome
- Application closed and file archived due to lack of prosecution and absence of urgency.
- Judges
- RE Aburili
- Legal Topics
- Succession Procedure, Limited Grant Ad Coligenda Bona, Urgency in Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Sidigu Onyango
Applicant
Estate of Pitalis Adol Orege alias Adol Orege (Deceased)
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Unprosecuted Application for Limited Grant Ad Coligenda Bona
Legal Issues
- 1 Whether the application for limited grant ad coligenda bona should be considered urgent two years after the deceased's death.
- 2 Whether the application should remain pending where the applicants have failed to prosecute it.
Ratio Decidendi
The court found that the application for limited grant ad coligenda bona, filed two years after the deceased's death, did not demonstrate urgency. After the duty judge declined to certify the application as urgent and referred the matter to the Siaya High Court, the applicants failed to take any further steps to prosecute the application. The court exercised its discretion to close and archive the file, noting that the matter originated in Siaya and was only temporarily before Kisumu High Court due to the absence of the Siaya judge. The lack of prosecution and absence of urgency justified the closure of the application and the file.
Court Disposition
Application closed and file archived due to lack of prosecution and absence of urgency.
Orders
- The application dated 11th May 2021 is closed for archiving.
- The file is closed.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Pitalis Adol Orege alias Adol Orege (Deceased) (Miscellaneous Succession Cause E005 of 2018) [2024] KEHC 5137 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5137 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E005 of 2018
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF PITALIS ADOL OREGE alias ADOL OREGE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILLIAM SIDIGU ONYANGO - PETITIONER
Ruling
1. This matter was originated by way of an application for limited grant ad coligenda Bona, under certificate of urgency dated 11th May 2021.
2. The moment the duty Judge declined to certify the application as urgent noting that the deceased died on 11th May 2019 hence there was no urgency that had arisen in May 2021, and he referred the matter to be handled at Siaya on 29th June 2021, as the matter was filed in Siaya High Court, the Applicants vanished from the face of the court.
3. Accordingly, that application dated 11th May 2021 which has never been prosecuted is hereby closed for archiving as the file was originally a Siaya matter and was only brought to Kisumu High Court to handle the certificate of urgency during the absence of the Judge in Siaya High Court on that date of 18th May 2021.
4. File closed.
5. Ruling to be typed and uploaded in the CTS.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE