In re estate of Muli Ndambo Wambate (Deceased) [2016] KEHC 707 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO. 460 OF 2008

IN THE MATTER OF THE ESTATE OF MULI NDAMBO WAMBATE (DECEASED)

DAVID MUTUA NDAMBO…PETITIONER/APPLICANT

RULING OF THE COURT

1. The Notice of Motion application before the court is dated and filed herein on 1st July, 2016. It prays for an order reinstating the cause of action which was dismissed pursuant to a Notice to Show Cause which however was not specific as to which date the applicant was required to attend court to show cause.

2. The application is not opposed. I have looked at the Record.  The Notice to Show Cause is dated 23rd day of June, 2015. The Notice states that the suit would be dismissed if the applicant did not show cause why it should not be dismissed between 6th - 25th July, 2015.

3. To say the least, that is not the kind of notice which when not complied with should lead to dismissal of a cause of action.  The said Notice was bad in law, for being non specific.

4. I therefore allow the application as prayed, and direct the applicant to set down the matter for Confirmation of Letters of Grant within sixty (60) days.

Order accordingly.

DATED AND DELIVERED AT MACHAKOS THIS 8THDAY OF NOVEMBER, 2016.

………………………………………

E. OGOLA

JUDGE

In the presence of;

Applicant in person

Court Assistant – Mr. Munyao