[2024] KEHC 12696 (KLR)
The court found that the application for revocation of grant had not been prosecuted for over ten years and that, due to changes in the law, the lower courts now have jurisdiction to hear such applications. As a result, the summons for revocation of grant were overtaken by events and warranted dismissal for want of...
Source-derived case information.
- Citation
- [2024] KEHC 12696 (KLR)
- Parties
- Applicant: Josephine Nyaworo Asango; Respondent: Paskalia Akech Ogalo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 235 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revocation of Grant; Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Revocation of Grant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Nyaworo Asango
Applicant
Paskalia Akech Ogalo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revocation of Grant; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application for revocation of grant should be heard by the High Court or the lower court.
- 2 Whether the application for revocation of grant should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application for revocation of grant had not been prosecuted for over ten years and that, due to changes in the law, the lower courts now have jurisdiction to hear such applications. As a result, the summons for revocation of grant were overtaken by events and warranted dismissal for want of prosecution. The file was accordingly closed.
Court Disposition
Application dismissed for want of prosecution; file closed.
Orders
- The application for revocation of grant is dismissed for want of prosecution.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Welltillaus Okoth Maroko alias Okoth Maroko (Miscellaneous Application 235 of 2013) [2024] KEHC 12696 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12696 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application 235 of 2013
RE Aburili, J
October 17, 2024
IN THE MATTER OF THE ESTAE OF WELLTILLAUS OKOTH MAROKO alias OKOTH MAROKO AND IN THE MATTER OF REVOCATION OF GRNAT OF LETTERS OF ADMINISTRATION
Between
Josephine Nyaworo Asango
Applicant
and
Paskalia Akech Ogalo
Respondent
Ruling
1. The last time this 2013 matter was before a Judge was on 19th February 2014 which is over ten years ago.
2. The application for revocation of grant arose from Siaya PM Succession Cause No. 69 of 2009.
3. However, the law has since changed and the lower courts have the power to hear and determine summons for revocation of grants issued by the said courts.
4. Accordingly, as the summons herein are overtaken by events, without prosecution, it is dismissed for want of prosecution. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE