In re Estate of Onyuro Opondo - Deceased [2023] KEHC 26104 (KLR)

In re Estate of Onyuro Opondo - Deceased (Succession Cause 1208 of 2015) [2023] KEHC 26104 (KLR) (29 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26104 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 1208 of 2015

RE Aburili, J

November 29, 2023

IN THE MATTER OF THE ESTATE OF ONYURO OPONDO– DECEASED AND IN THE MATTER OF AN APPLICATION BY JOSHUA OPONDO OWUOR - APPLICANT

Ruling

1. This Succession Cause was filed on November 23, 2015 and gazetted on January 15, 2016.

2. Grant was issued on September 14, 2016 but the same has never been confirmed despite the application dated November 8, 2016 which was never prosecuted.

3. On 30th May 2018, the court revoked and annulled the grant and closed the file. The Petitioner applied for setting aside of the orders of May 30, 2018 vide an application dated February 10, 2021 but he has never prosecuted it.

4. I hereby dismiss the application dated February 10, 2021 for want of prosecution and order that the grant stands revoked.

5. Any person interested in the estate of the deceased Onyuro Opondo shall petition afresh.

6. This file is closed.

7. I so order.

8. Ruling to be typed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 29TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE