In re Estate of the Late Bainito Misiko Khalakayi (Deceased) [2024] KEHC 5328 (KLR)

In re Estate of the Late Bainito Misiko Khalakayi (Deceased) (Succession Cause 44 of 2005) [2024] KEHC 5328 (KLR) (2 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5328 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause 44 of 2005

REA Ougo, J

May 2, 2024

Between

Samson Juma Khalakayi

Petitioner

and

Wafula Masinde

Applicant

and

Geoffrey Juma Khalakayi

1st Objector

Wafula Masinde

2nd Objector

Ruling

1. The applicant seeks to reopen the succession proceedings. The file was closed on 11/5/22 after the parties failed to appear in court to continue with the matter. The 2nd objector applicant states that he has a good cause of action in the matter and wishes to prosecute his application. He claims that it is in the interest of justice that the cause be reopened and that he be allowed to pursue his objection to its logical conclusion.

2. The application was not opposed by the petitioner/ respondent.

3. I have considered the rival affidavits in the application dated 15. 1.2024, and the oral submissions by counsels for the parties, I will accept the explanation given by the applicant to reopen the succession proceedings to enable the petitioner to administer the estate’s estate. Costs shall be in the cause. The court will give directions on the pending objection proceedings date 11. 11. 2019 on a given mention date.

DATED, SIGNED AND DELIVERED AT BUNGOMA THIS 2NDDAY OF MAY, 2024R.E OUGOJUDGEIn the presence;Applicant - AbsentRespondent - AbsentWilkister - C/A