[2024] KEHC 5760 (KLR)
The court found that the application for limited grant ad colligenda bona was not urgent, as the deceased had died two years prior to the application. The applicants failed to prosecute the application after the duty judge declined to certify it as urgent and referred the matter to the Siaya High Court. In the...
Source-derived case information.
- Citation
- [2024] KEHC 5760 (KLR)
- Parties
- Applicant: Mary Consolata; Applicant: Kevin Omondi Odede; Applicant: Samuel Oyola Oyola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E003 of 2021
- Procedural Posture
- Succession Cause / Ruling on Application for Limited Grant Ad Colligenda Bona
- Outcome
- application marked as spent; file closed for archiving
- Judges
- RE Aburili
- Legal Topics
- Limited Grant Ad Colligenda Bona, Succession Procedure, Urgency in Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Consolata
Applicant
Kevin Omondi Odede
Applicant
Samuel Oyola Oyola
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Limited Grant Ad Colligenda Bona
Legal Issues
- 1 Whether the application for limited grant ad colligenda bona was urgent and merited certification as urgent.
- 2 Whether the application, having not been prosecuted, should be marked as spent and the file closed.
Ratio Decidendi
The court found that the application for limited grant ad colligenda bona was not urgent, as the deceased had died two years prior to the application. The applicants failed to prosecute the application after the duty judge declined to certify it as urgent and referred the matter to the Siaya High Court. In the absence of any further action by the applicants, the court determined that the application was spent and ordered the file closed for archiving. The court exercised its discretion to manage its docket efficiently and prevent abuse of process by marking unprosecuted and non-urgent applications as spent.
Court Disposition
application marked as spent; file closed for archiving
Orders
- The application dated 11th May 2021 is marked as spent.
- The file is closed for archiving.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Walter Odede Ndonga (Deceased) (Succession Cause E003 of 2021) [2024] KEHC 5760 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5760 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E003 of 2021
RE Aburili, J
May 9, 2024
IN THE MATTER OF AN APPLICATION BY MARY CONSOLATA, KEVIN OMONDI ODEDE & SAMUEL OYOLA OYOLA - PETITIONERS/APPLICANTS
Ruling
1. This matter was originated by way of an application for limited grant ad colligenda Bona, under certificate of urgency dated 11th May 2021.
2. The moment the duty Judge declined to certify the application as urgent noting that the deceased died on 11th May 2019 hence there was no urgency that had arisen in May 2021, and he referred the matter to be handled at Siaya on 29th June 2021, as the matter was filed in Siaya High Court, the Applicants vanished from the face of the court.
3. Accordingly, that application dated 11th May 2021 which has never been prosecuted is hereby marked as spent. As the file was originally a Siaya matter and was only brought to Kisumu High Court to handle the certificate of urgency during the absence of the Judge in Siaya High Court on that date of 18th May 2021, the matter is closed for archiving.
4. File closed.
5. Ruling to be typed and uploaded in the Case Tracking System.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE