[2018] KEHC 806 (KLR)
The court found that there was no record of any order made on 23rd April 2015 closing the file. As such, there was no order to set aside. However, since the matter had not been concluded and there was pending business, the applicant was allowed to proceed with the matter, and a hearing date was to be allocated.
Source-derived case information.
- Citation
- [2018] KEHC 806 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 491 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside File Closure and for Hearing Date
- Outcome
- Application allowed to the extent that the matter may proceed; no order to set aside as none exists.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Estate Administration, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside File Closure and for Hearing Date
Legal Issues
- 1 Whether there was a valid court order made on 23rd April 2015 closing the file that could be set aside.
- 2 Whether the applicant is entitled to have the matter set down for hearing.
Ratio Decidendi
The court found that there was no record of any order made on 23rd April 2015 closing the file. As such, there was no order to set aside. However, since the matter had not been concluded and there was pending business, the applicant was allowed to proceed with the matter, and a hearing date was to be allocated.
Court Disposition
Application allowed to the extent that the matter may proceed; no order to set aside as none exists.
Orders
- Applicant to be allocated a hearing date for the pending business.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 491 OF 1998
IN THE MATTER OF THE ESTATE OF REUBEN WANYONYI alias REUBEN WANYONYI MASAYI, DECEASED
RULING
1. The application for determination is dated 8th June 2015. It is seeks the setting aside of orders made on 23rd April 2015 closing the file, and for an order that the matter be set down for hearing.
2. I have scrupulously perused through the file of papers before me. There is nothing on record indicating that the court made any orders on 23rd April 2015 closing the court file herein. There is therefore no order for me to set aside.
3. According to the record before me, the matter was last in court on 16th December 2004, when directions were given for disposal of a pending confirmation application. The parties went to sleep and the registry then in 2015 started efforts to have the file closed.
4. As there is no order closing the file, I shall allow the applicant to go on with the matter. I shall allocate him a date in court, at the delivery of this ruling, for the hearing of the pending business.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER, 2018
W. MUSYOKA
JUDGE