In re Estate of Gordon Mark Agolla Hongo (Deceased) [2024] KEHC 5730 (KLR)

In re Estate of Gordon Mark Agolla Hongo (Deceased) (Succession Cause 792 of 2007) [2024] KEHC 5730 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5730 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 792 of 2007

RE Aburili, J

May 9, 2024

IN THE MATTER OF THE ESTATE OF GORDON MARK AGOLLA HONGO (DECEASED) AND IN THE MATTER OF APPLICATION BY ROSE ACHIENG OKAKA AND JAMES OPERE AGOLLA - APPLICANTS

Ruling

1. Article 165(5) (b) of the Constitution expressly bars this court from indulging in ELC matters whereas this court can stay its own proceedings pending hearing and determination of a dispute before Environment and Land Court, this court cannot stay ELC proceedings pending hearing and determination of an ELC matter.

2. This court’s jurisdiction is simply limited by Article 165(5) (b) of the Constitution.

3. In the premises, I find the application dated 8th March 2024 misplaced. It is hereby struck out with no orders as to costs. The hearing of the objection remains 30th May 2024 as earlier fixed by consent.

4. Ruling to be typed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE