In re Estate of Okullo Adongo Adongo [2025] KEHC 4081 (KLR)

In re Estate of Okullo Adongo Adongo (Succession Cause 47 of 1994) [2025] KEHC 4081 (KLR) (2 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4081 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 47 of 1994

A Mabeya, J

April 2, 2025

IN THE MATTER OF THE ESTATE OF OKULLO ADONGO ADONGO AND IN THE MATTER OF APPLICATION BY PETER ORWA OMINDE AND IN THE MATER OF APPLICATION FOR REVOCATION OF GRANT

Between

Samuel Ominde Onyango

Plaintiff

and

Peter Orwa

Defendant

and

Richard Okeyo

Interested Party

Jesca Ojure

Interested Party

Auma Ouko

Interested Party

George Okulo

Interested Party

Awinda Onyango

Interested Party

Hallan Ominde

Interested Party

Sabina Nyambega

Interested Party

William Buodo

Interested Party

Erastus Okulo

Interested Party

Omondi Buodo

Interested Party

Tonny Ochieng

Interested Party

Norah Orwa

Interested Party

Rose Owino

Interested Party

Plister Olewe

Interested Party

Ruling

1. I have considered the application for adjournment. This matter was fixed for today on 20th February, 2025 more than a month ago. This is a 1994 matter. The application that was coming up for hearing was filed and served in December, 2024.

2. In the premises, I do not think any good reason has been advanced why Mr. Orego is not ready to proceed today. The counsels for the other parties were ready. They have been in court since 8. 30am.

3. Even though the directions of 20th February, 2025 were that the matter would be heard in open court, Mr. Orego never turned up at 8. 30am nor did he send any one to hold his brief. The court decided to wait for him since his client was in court at the time and ordered that the matter proceeds in open court at 12. 30pm.

4. At 12. 30pm, although the petitioner is in open court with all the others, Mr. Orego isn’t. He is applying for adjournment from the comfort of his chambers. He has not explained the difficulty he had to prepare for hearing even though the Court of Appeal matter terminated at 10. 00am.

5. I think such application need to be discouraged. Since the case belongs to the petitioner who is in Court, I am inclined to give the petitioner the final chance. There will be no further adjournments considering the history of this matter. I give the following directions: -a.This matter is adjourned with costs.b.The Deputy Registrar to procure the original Succession Cause file from the Archives within 30 days.c.The parties are granted leave to file and serve affidavits/witness statements within 28 days.d.Any document filed out of time will stand struck out and/expunged from the record.e.The Petitioner will bear the costs of the adjournment assessed at Kshs.10,000/= for the applicant and Kshs.10,000/= for the Interested parties and Court Adjournment Fees (CAF) Kshs.1,000/= before the next hearing date.f.Hearing on 27th May, 2025. It is so ordered.

DATED, AND DELIVERED AT KISUMU THIS 2ND DAY OF APRIL, 2025. A. MABEYA, FCI ArbJUDGE