In re Estate of Pitalis Adol Orege alias Adol Orege (Deceased) [2024] KEHC 5137 (KLR)

In re Estate of Pitalis Adol Orege alias Adol Orege (Deceased) (Miscellaneous Succession Cause E005 of 2018) [2024] KEHC 5137 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5137 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E005 of 2018

RE Aburili, J

May 9, 2024

IN THE MATTER OF THE ESTATE OF PITALIS ADOL OREGE alias ADOL OREGE (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WILLIAM SIDIGU ONYANGO - PETITIONER

Ruling

1. This matter was originated by way of an application for limited grant ad coligenda Bona, under certificate of urgency dated 11th May 2021.

2. The moment the duty Judge declined to certify the application as urgent noting that the deceased died on 11th May 2019 hence there was no urgency that had arisen in May 2021, and he referred the matter to be handled at Siaya on 29th June 2021, as the matter was filed in Siaya High Court, the Applicants vanished from the face of the court.

3. Accordingly, that application dated 11th May 2021 which has never been prosecuted is hereby closed for archiving as the file was originally a Siaya matter and was only brought to Kisumu High Court to handle the certificate of urgency during the absence of the Judge in Siaya High Court on that date of 18th May 2021.

4. File closed.

5. Ruling to be typed and uploaded in the CTS.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE