In re Estate of Morris Adongo Masan alias Maurice Adongo Masan (Deceased) [2024] KEHC 5426 (KLR)

In re Estate of Morris Adongo Masan alias Maurice Adongo Masan (Deceased) (Succession Cause 980 of 2014) [2024] KEHC 5426 (KLR) (21 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5426 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 980 of 2014

MS Shariff, J

May 21, 2024

IN THE MATTER OF THE LATE MORRIS ADONGO MASAN alias MAURICE ADONGO MASAN (DECEASED)

IN THE MATTER OF AN APPLICATION BY:

In the matter of

Margaret Okuta

1st Petitioner

Siprosa Atieno Adongo

2nd Petitioner

Ruling

1. I have considered the chamber summons dated 27th February, 2024 and the affidavit in support thereof sworn by Margaret Okuta Adongo and Siprosa Atieno Adongo on even date and I note that the Applicants have deponed that their absence in court on 17th May 2023 was due to the indisposition of Margaret Okuta Adongo. I am persuaded by that explanation and I note that all the beneficiaries are present in court and are agreeable to the proposed mode of distribution once this court considers the prayer for reinstatement favourably.

2. Premised upon the reason aforestated I do hereby reinstate this petition and I do hereby order that the estate of the deceased be distributed as per paragraph 6 of the supporting affidavit of the Petitioners/Applicants dated 27. 2.2024.

3. A certificate of confirmation of grant to issue accordingly.

4. This file is marked as closed.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 21ST DAY OF MAY, 2024. MWANAISHA S. SHARIFFJUDGE