[2025] KEHC 9882 (KLR)
The court dismissed the application for reinstatement of the succession cause because the applicant, Regina Nangila Waswa, failed to attend court to prosecute her chamber summons dated 18th June 2025. The absence of the applicant indicated a lack of interest or diligence in pursuing the application, justifying...
Source-derived case information.
- Citation
- [2025] KEHC 9882 (KLR)
- Parties
- Applicant: Regina Nangila Waswa; Applicant: Loice Nasimiyu Waswa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 274 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement
- Outcome
- Application dismissed for want of attendance; file marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Probate and Administration, Reinstatement of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Nangila Waswa
Applicant
Loice Nasimiyu Waswa
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement
Legal Issues
- 1 Whether the cause should be reinstated upon the applicant's request.
- 2 Whether failure to attend court warrants dismissal of the application.
Ratio Decidendi
The court dismissed the application for reinstatement of the succession cause because the applicant, Regina Nangila Waswa, failed to attend court to prosecute her chamber summons dated 18th June 2025. The absence of the applicant indicated a lack of interest or diligence in pursuing the application, justifying dismissal for want of attendance. The court accordingly marked the file as closed.
Court Disposition
Application dismissed for want of attendance; file marked as closed.
Orders
- The chamber summons dated 18th June 2025 is dismissed for want of attendance.
- The file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate Waswa Toili Waminila (Deceased) (Succession Cause 274 of 2010) [2025] KEHC 9882 (KLR) (7 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9882 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 274 of 2010
MS Shariff, J
July 7, 2025
IN THE MATTER OF THE ESTATE OF WASWA TOILI WAMINILA -DECEASED.
In the matter of
Regina Nangila Waswa
1st Petitioner
Loice Nasimiyu Waswa
2nd Petitioner
Ruling
1. Whereas the applicants Regina Nangila Waswa had vide a chamber summons dated 18th June 2025 craved for orders of reinstatment of this cause, she has failed to attend court today to prosecuted her application.
2. The chamber summons dated 18. 6.2025 is hereby dismissed for want of attendance.
3. The file is hereby marked as closed.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 7THDAY OF JULY 2025. M.S. SHARIFFJUDGE