[2023] KEHC 19778 (KLR)
The court found that since no pleadings had been filed in the succession cause, there was nothing pending for the court's consideration. As a result, the file could not remain open and was ordered closed.
Source-derived case information.
- Citation
- [2023] KEHC 19778 (KLR)
- Parties
- Applicant: Joel Ochieng Chan
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 497 of 2015
- Procedural Posture
- Succession Cause / Ruling on File Status
- Outcome
- File closed due to absence of pleadings.
- 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
Joel Ochieng Chan
Applicant
Procedural Posture
Succession Cause / Ruling on File Status
Legal Issues
- 1 Whether there are any pleadings filed for consideration in the succession cause.
- 2 Whether the file should remain open or be closed.
Ratio Decidendi
The court found that since no pleadings had been filed in the succession cause, there was nothing pending for the court's consideration. As a result, the file could not remain open and was ordered closed.
Court Disposition
File closed due to absence of pleadings.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Thomas Chan Omoke (Deceased) (Succession Cause 497 of 2015) [2023] KEHC 19778 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19778 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 497 of 2015
RE Aburili, J
June 30, 2023
IN THE MATTER OF THE ESTATE OF THOMAS CHAN OMOKE ..................................................DECEASED
In the matter of
Joel Ochieng Chan
Petitioner
Ruling
1. This file exists in the Case Tracking System as pending. However, no pleading for the succession cause was filed for consideration and therefore there is nothing pending further action.
2. Accordingly, this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2023R. E. ABURILIJUDGE