CHACHA PAUL BOKE VS MARWA BOKE NYAIBOYA

Vide application dated 9th February 2024 the Applicant sought for stay of orders made in Migori CMC Succession Cause No. 156 of 2018 for survey of the parcel of land in question for purposes of distribution to the beneficiaries. Orders for status quo to be maintained were issued pending hearing and determination of the application. Directions were taken on 26th February 2024 for hearing of the application by way of written submissions but up to 11th February 2025 the parties had not complied with the said directions. This court granted the Applicant the last opportunity to file and serve submissions within 7 days and a date for ruling was set for 24th April 2025. The leave to file submissions was granted with a rider that in default the application would stand dismissed. This court has accessed the CTS portal severally to confirm if any of the parties had filed their respective submissions in vain. In the circumstances the order dismissing the application dated 9th February 2024 crystallizes. The file herein is hereby marked as closed forthwith.