In re Estate of John Agingu Okudo - Deceased [2023] KEHC 26092 (KLR)

In re Estate of John Agingu Okudo - Deceased (Succession Cause 467 of 2001) [2023] KEHC 26092 (KLR) (22 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26092 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 467 of 2001

RE Aburili, J

November 22, 2023

IN THE MATTER OF THE ESTATE OF JOHN AGINGU OKUDO – DECEASED AND IN THE MATTER OF AN APPLICATION BY EUNICE ATIENO OKUDO - PETITIONER

Ruling

1. This Succession Cause was filed in 2001 and a grant was issued on January 30, 2002. Summons for confirmation of grant were filed on September 9, 2020 but the same have never been prosecuted.

2. There is an application dated September 1, 2020 seeking for reinstatement of the Petition which was never dismissed.

3. The application is dismissed for want of prosecution. However, the grant issued has taken too long to be confirmed. It is inoperative and useless to the estate of the deceased John Agingu Okudo. The same is hereby revoked.

4. Parties interested in the estate to petition for a fresh grant.

5. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE