[2024] KEHC 8073 (KLR)
The court found that the application for adjournment lacked sufficient grounds, particularly given the protracted delay in the proceedings. The Summons for Confirmation of Grant dated 24/10/2018 was dismissed for want of prosecution. The court directed the objectors to file a fresh application for confirmation of...
Source-derived case information.
- Citation
- [2024] KEHC 8073 (KLR)
- Parties
- Petitioner: Margaret Mwarisi Johnah; Respondent: Alistar Amalemba Masinjera; Respondent: Bavon Shikali Amalemba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 377 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Adjournment and Confirmation of Grant
- Outcome
- Summons for Confirmation of Grant dismissed for want of prosecution; directions issued for filing of fresh application and accounts.
- Judges
- AC Bett
- Legal Topics
- Confirmation of Grant, Administration of Estate, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Mwarisi Johnah
Petitioner
Alistar Amalemba Masinjera
Respondent
Bavon Shikali Amalemba
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Adjournment and Confirmation of Grant
Legal Issues
- 1 Whether sufficient grounds exist to grant an adjournment of the proceedings.
- 2 Whether the Summons for Confirmation of Grant should be dismissed for want of prosecution.
- 3 Whether the Petitioner should be compelled to account for her administration of the estate.
Ratio Decidendi
The court found that the application for adjournment lacked sufficient grounds, particularly given the protracted delay in the proceedings. The Summons for Confirmation of Grant dated 24/10/2018 was dismissed for want of prosecution. The court directed the objectors to file a fresh application for confirmation of grant within fourteen days, with liberty for the petitioner to file a protest. The petitioner, as administrator, was ordered to comply with previous court orders by filing a true and accurate account of her administration of the estate within thirty days, failing which the grant would stand revoked. The court emphasized the need for expeditious resolution of succession matters...
Court Disposition
Summons for Confirmation of Grant dismissed for want of prosecution; directions issued for filing of fresh application and accounts.
Orders
- The Summons for Confirmation of Grant dated 24/10/2018 is dismissed for want of prosecution.
- The Objectors are to file an application for Confirmation of Grant within fourteen (14) days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Samuel Amalemba Shivachi (Deceased) (Succession Cause 377 of 2006) [2024] KEHC 8073 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8073 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 377 of 2006
AC Bett, J
July 3, 2024
Between
Margaret Mwarisi Johnah
Petitioner
and
Alistar Amalemba Masinjera
1st Objector
Bavon Shikali Amalemba
2nd Objector
Ruling
1. I have heard the application by Ms. Khateshi. I am not persuaded that there are sufficient grounds to allow the adjournment. This cause has been pending for too long.
2. The Summons for Confirmation of Grant dated 24/10/2018 be and is hereby dismissed for want of prosecution. I hereby direct that the Objectors do file an application for Confirmation of Grant within fourteen (14) days from the date hereof. The Petitioner, who is the Administrator shall be at liberty to file her protest to the application.
3. Mention on 23/9/2024. In the meantime, the Petitioner as Administrator is ordered to comply with the Orders of Hon. Justice Musyoka made on 25/9/2018. She is directed to prepare and file before the Court a true and accurate account of her administration of the estate from the date of her appointment on 21/5/2013 upto the date of the account within thirty (30) days from today. In default, the Grant issued to the Petitioner shall stand revoked.
4. Those are the Orders of the Court.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 3RD DAY OF JULY, 2024. A. C. BETTJUDGEIn the presence of:Ms. Khateshi for the PetitionerMr. Abok for the ObjectorsCourt Assistant: Polycap