[2022] KEHC 430 (KLR)
The court found that a previous summons for revocation of grant had already been dismissed by Hon. Justice J.A. Makau on 16/12/2016, and that the relevant documents had been removed from the court file in an apparent attempt to mislead the court. Since the applicant failed to disclose the whereabouts of the earlier...
Source-derived case information.
- Citation
- [2022] KEHC 430 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 3 of 2022
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application struck out; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revocation of Grant, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the court can entertain a fresh summons for revocation of grant where a previous similar application was dismissed.
- 2 Whether the applicant has disclosed the whereabouts of the earlier summons for revocation of grant and related proceedings.
Ratio Decidendi
The court found that a previous summons for revocation of grant had already been dismissed by Hon. Justice J.A. Makau on 16/12/2016, and that the relevant documents had been removed from the court file in an apparent attempt to mislead the court. Since the applicant failed to disclose the whereabouts of the earlier summons or provide a satisfactory explanation, the court held that it could not entertain a fresh application for revocation of grant. The application dated 25/4/2022 was therefore struck out, and the file closed, with liberty to the applicant to approach the court with an appropriate application if necessary.
Court Disposition
application struck out; file closed
Orders
- The summons for revocation of grant dated 25/4/2022 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Veronica Juma Ombedho (Deceased) (Miscellaneous Succession Cause 3 of 2022) [2022] KEHC 430 (KLR) (10 May 2022) (Ruling)
Neutral citation: [2022] KEHC 430 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Succession Cause 3 of 2022
RE Aburili, J
May 10, 2022
Ruling
1. I have called for and perused Siaya High Court Succession Cause No. 120 of 2016 in the presence of both counsel for the parties. I find that on 16/12/2016, Hon. Justice J.A. Makau dismissed summons for revocation of grant and application for injunction all dated 15/10/2012.
2. I have also perused the entire court file above and I find that some documents including the summons for revocation of grant appear to have been pulled out from the file. The full Ruling in question too is removed. Only the final order is present in the court file. However, supporting and Replying affidavits are in the court file.
3. In the view of this court, there was an attempt to deceive this court to believe that there were no proceedings relating to revocation of grant. Regrettably or fortunately the final order is in the court file.
4. For the above reasons, I am unable to deal with another summons for revocation of grant unless the applicant tells this court the whereabouts of the earlier summons that she filed and were disposed of by Makau J on 16/12/2016.
5. Accordingly, the application by way of summons for revocation of grant dated 25/4/2022 is struck out with no orders as to costs and this file is hereby closed.
6. The applicant is at liberty to approach the court with an appropriate application as above stated.
7. File closed.
Dated, signed and Delivered in Open court at Siaya this 10thDay of May, 2022R.E. ABURILIJUDGE