In the Estate of BAINITO MISIKO KHALAKAI

REPUBLIC OF KENYA

IN THE HIGHCOURT OF KENYA AT BUNGOMA

SUCCESSION CAUSE NO. 44 OF 2005

IN THE MATTER OF THE ESTATE OF THE LATE BAINITO MISIKO KHALAKAYI………………………………………………………DECEASED

AND

SAMSON JUMA KHALAKAYI………………………………PETITIONER

AND

GEOFFREY JUMA KHALAKAYI…………………………..1^ST OBJECTOR

WAFULA MASINDE……………………….2^ND OBJECTOR/APPLICANT

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 2^nd 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.

R.E OUGO

JUDGE

In the presence;

Applicant     - Absent

Respondent    - Absent

Wilkister      - C/A