[2023] KEHC 3565 (KLR)
The court found that the present application was identical in parties, subject matter, and prayers to an earlier application (High Court Family Misc Succession Cause E002/2022) which had already been heard and determined. The applicants failed to follow the directions previously issued by the court and instead filed...
Source-derived case information.
- Citation
- [2023] KEHC 3565 (KLR)
- Parties
- Applicant: Pius Paul Onyango & another
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration E006 of 2022
- Procedural Posture
- Probate and Administration / Ruling on Application to Strike Out Duplicate Succession Cause
- Outcome
- Application struck out as an abuse of process and for want of jurisdiction (functus officio).
- Judges
- GL Nzioka
- Legal Topics
- Succession Proceedings, Functus Officio, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Paul Onyango & another
Applicant
Procedural Posture
Probate and Administration / Ruling on Application to Strike Out Duplicate Succession Cause
Legal Issues
- 1 Whether the present application is res judicata due to a prior determination of an identical application.
- 2 Whether the filing of the present application constitutes an abuse of the court process.
- 3 Whether the court is functus officio in respect of the subject matter.
Ratio Decidendi
The court found that the present application was identical in parties, subject matter, and prayers to an earlier application (High Court Family Misc Succession Cause E002/2022) which had already been heard and determined. The applicants failed to follow the directions previously issued by the court and instead filed a duplicative application. The court held that it was functus officio, having already rendered a decision on the matter, and that the present application amounted to an abuse of the court process. Consequently, the application was struck out.
Court Disposition
Application struck out as an abuse of process and for want of jurisdiction (functus officio).
Orders
- The application dated July 10, 2022 is struck out.
- No further orders are made.
Full Case Text
Judgment text and source record
14 paragraphs
In re Winnie Akoth Omondi (Probate & Administration E006 of 2022) [2023] KEHC 3565 (KLR) (19 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3565 (KLR)
Republic of Kenya
In the High Court at Naivasha
Probate & Administration E006 of 2022
GL Nzioka, J
April 19, 2023
In the matter of
Pius Paul Onyango & another
Applicant
Ruling
1. The subject application herein is dated July 10, 2022. The prayers in the same and the grounds/affidavit in support refers. However, as I was considering the matter, another matter reference No High Court Family Misc Succession Cause E002/2022 wherein the applicants therein are the same as those herein and so is the subject matter. In deed the prayers which were sought for in that matter are as same as herein. The application in the subject matter was heard and determined on May 18, 2022. The same was struck out for the reasons stated therein and the Applicants directed on how to proceed. Instead of doing as directed by the court, the Applicants have filed yet a similar application. In that case I strike out the matter herein as being an abuse of the court process and on the further ground that, the court is functus officio.
2It is so ordered.
DATED, DELIVERED AND SIGNED THIS 19TH DAY OF APRIL, 2023GRACE L. NZIOKAJUDGEIn the presence of:-Ms Kanana for the ApplicantsMs Ogutu-Court assistant