[2023] KEHC 19543 (KLR)
The court found that since no pleadings had been filed for consideration in the succession cause, and there was nothing pending any other action, there was no basis for the matter to proceed. Consequently, the file was ordered closed.
Source-derived case information.
- Citation
- [2023] KEHC 19543 (KLR)
- Parties
- Applicant: Rosemary Achieng Ochieng (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 801 of 2019
- Procedural Posture
- Succession Cause / File Closure Ruling
- Outcome
- File closed due to absence of pleadings or pending action.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Achieng Ochieng (Deceased)
Applicant
Procedural Posture
Succession Cause / File Closure Ruling
Legal Issues
- 1 Whether there are pleadings filed for consideration in the succession cause.
- 2 Whether any action remains pending in the matter.
Ratio Decidendi
The court found that since no pleadings had been filed for consideration in the succession cause, and there was nothing pending any other action, there was no basis for the matter to proceed. Consequently, the file was ordered closed.
Court Disposition
File closed due to absence of pleadings or pending action.
Orders
- This file is hereby closed.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Rosemary Achieng Ochieng (Deceased) (Succession Cause 801 of 2019) [2023] KEHC 19543 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19543 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 801 of 2019
RE Aburili, J
June 30, 2023
IN THE MATTER OF THE ESTATE OF ROSEMARY ACHIENG OCHIENG (DECEASED)
Ruling
1. This Succession Cause matter exists in the Case Tracking System but no pleadings were filed for consideration.
2. Accordingly, as there is nothing pending any other action, this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30THDAY OF JUNE, 2023R. E. ABURILIJUDGE