In re Estate of Veronica Juma Ombedho (Deceased) [2022] KEHC 430 (KLR)

In re Estate of Veronica Juma Ombedho (Deceased) (Miscellaneous Succession Cause 3 of 2022) [2022] KEHC 430 (KLR) (10 May 2022) (Ruling)

Neutral citation: [2022] KEHC 430 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Succession Cause 3 of 2022

RE Aburili, J

May 10, 2022

Ruling

1. I have called for and perused Siaya High Court Succession Cause No. 120 of 2016 in the presence of both counsel for the parties. I find that on 16/12/2016, Hon. Justice J.A. Makau dismissed summons for revocation of grant and application for injunction all dated 15/10/2012.

2. I have also perused the entire court file above and I find that some documents including the summons for revocation of grant appear to have been pulled out from the file. The full Ruling in question too is removed. Only the final order is present in the court file. However, supporting and Replying affidavits are in the court file.

3. In the view of this court, there was an attempt to deceive this court to believe that there were no proceedings relating to revocation of grant. Regrettably or fortunately the final order is in the court file.

4. For the above reasons, I am unable to deal with another summons for revocation of grant unless the applicant tells this court the whereabouts of the earlier summons that she filed and were disposed of by Makau J on 16/12/2016.

5. Accordingly, the application by way of summons for revocation of grant dated 25/4/2022 is struck out with no orders as to costs and this file is hereby closed.

6. The applicant is at liberty to approach the court with an appropriate application as above stated.

7. File closed.

Dated, signed and Delivered in Open court at Siaya this 10thDay of May, 2022R.E. ABURILIJUDGE