In re Estate of Ombai Odhoch - Deceased [2024] KEHC 2157 (KLR)

In re Estate of Ombai Odhoch - Deceased (Succession Cause E002 of 2023) [2024] KEHC 2157 (KLR) (5 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2157 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause E002 of 2023

RE Aburili, J

March 5, 2024

Between

Peter Odhiambo Ombai

Appellant

and

Salome Achieng Ochieng

1st Respondent

Benard Ouma Genga

2nd Respondent

Ruling

1. Parties called out. They are absent. It is 9. 33am.

2. This file is listed for dismissal of the appeal which was filed on 15th February 2023 and despite admission of the appeal to hearing on 30th June 2023 and directions given that the Appellant files and serves a Record of Appeal within 21 days of the date of admission of the appeal, which directions were served on the Appellant’s counsel, there has been no compliance and the Appellant has never appeared in court.

3. For the above reasons, this appeal is hereby dismissed on the grounds that the Appellant has failed to prosecute the appeal since filing it and secondly, that the appellant has failed to comply with orders of this court made on 30th June 2023 requiring him to file and serve a record of appeal within 21 days of that date.

4. I make no orders as to costs.

5. This file is accordingly closed and this order to be typed and a copy thereof to accompany the return to the lower court of the lower court file as soon as possible.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF MARCH, 2024R. E. ABURILIJUDGE