In re Estate of Charles Ganda - Deceased [2023] KEHC 25833 (KLR)

In re Estate of Charles Ganda - Deceased (Succession Appeal E5 of 2023) [2023] KEHC 25833 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25833 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Appeal E5 of 2023

RE Aburili, J

November 16, 2023

IN THE MATTER OF THE ESTATE OF CHARLES GANDA – DECEASED

Between

Bartholomeo Odima Ganda

Appellant

and

Julius Owino Ganda

Respondent

Ruling

1. The appeal was admitted to hearing on 30th June 2023 and this court directed the Appellant to file and serve a record of appeal within 21 days of the date Notice was issued but the Appellant never responded.

2. His phone contacts were made available and a fresh notice for mention was issued and the Respondent’s counsel served him on 4th November 2023 with Notice for today as per the affidavit of service filed in court, sworn on 6th November 2023. The Appellant is absent.

3. In the premises, and in the absence of any reasons for non-compliance with directions of this court made on 30th June 2023, this court proceeds to dismiss this appeal with no orders as to costs, parties being family members.

4. The lower court file to be returned forthwith.

5. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE