[2023] KEHC 26107 (KLR)
The court found that the Petitioner failed to take any steps to prosecute the summons for confirmation of grant filed on 23rd January 2020, despite being given ample opportunity and time. This inaction amounted to want of prosecution. Consequently, the court dismissed the summons for confirmation of grant and...
Source-derived case information.
- Citation
- [2023] KEHC 26107 (KLR)
- Parties
- Applicant: Petitioner (unspecified); Respondent: Interested parties (unspecified)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 801 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Summons for confirmation of grant dismissed for want of prosecution; order revoking and annulling the grant reinstated; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petitioner (unspecified)
Applicant
Interested parties (unspecified)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for confirmation of grant should be dismissed for want of prosecution.
- 2 Whether the previous order revoking and annulling the grant should be reinstated.
Ratio Decidendi
The court found that the Petitioner failed to take any steps to prosecute the summons for confirmation of grant filed on 23rd January 2020, despite being given ample opportunity and time. This inaction amounted to want of prosecution. Consequently, the court dismissed the summons for confirmation of grant and reinstated the previous order revoking and annulling the grant. The court further directed that any interested party in the estate of the deceased may petition for a fresh grant, thereby closing the file to ensure finality and proper administration of the estate.
Court Disposition
Summons for confirmation of grant dismissed for want of prosecution; order revoking and annulling the grant reinstated; file closed.
Orders
- The summons for confirmation of grant dated 20th January 2020 is dismissed for want of prosecution.
- The order revoking and annulling the grant made on 30th May 2018 is reinstated.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Rosemary Achieng Ochieng - Deceased (Succession Cause 801 of 2015) [2023] KEHC 26107 (KLR) (29 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26107 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 801 of 2015
RE Aburili, J
November 29, 2023
Ruling
1. This Succession Cause was filed on 31st July 2015. A Grant was issued on 29th September 2016. No action took place.
2. On 30th May 2018, Ochieng F. A. J revoked and annulled the grant. On 4th November 2019, following an application by the Petitioner, that order of dismissal was set aside and the Petitioner was given 30 days to file summons for confirmation of grant.
3. It was not until 23rd January 2020 that summons were filed and still, no steps have been taken to have the grant confirmed by prosecuting the summons.
4. In the premises, I hereby dismiss the summons for confirmation of grant dated 20th January 2020 for want of prosecution and reinstate the order revoking and annulling the grant made on 30th May 2018.
5. Any person interested in the estate of the deceased Rosemary Achieng Ochieng shall petition for a fresh grant.
6. This file is closed.
7. I so order.
8. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF NOVEMBER, 2023R. E. ABURILIJUDGE