In re Estate of Dishon Ongany Ogwang (Deceased) [2023] KEHC 26150 (KLR)

In re Estate of Dishon Ongany Ogwang (Deceased) (Miscellaneous Succession Cause 10 of 2019) [2023] KEHC 26150 (KLR) (29 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26150 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause 10 of 2019

RE Aburili, J

November 29, 2023

IN THE MATTER OF THE ESTATE OF DISHON ONGANY OGWANG –DECEASED AND IN THE MATTER OF AN APPLICATION BY KEVIN OGOLLA ONGANY & KENNEDY OTIENO ONGANY - PETITIONERS

Ruling

1. This file was reconstructed vide the order of this court made on 24th February 2020.

2. The Petitioner filed summons for confirmation of grant which were set for hearing on 11th May 2020.

3. On the latter date, nothing transpired. The Petitioner has never taken steps to have the grant issued to him confirmed.

4. That grant issued on 30th November 2018 has become inoperational and useless.

5. The application by way of summons of confirmation of grant dated 22nd November 2019 which have never been prosecuted are hereby dismissed for want of prosecution and the grant issued on 30th November 2018 to Kevin Ogolla Onyany and Kennedy Otieno Ongany is hereby revoked and annulled.

6. The persons interested in the estate of the deceased Dishon Ongany Ogwang to petition for fresh grant.

7. This file is hereby closed.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE