Skip to content
JudgmentIn the Estate of JAPHETH MAGEKA1 min read

In the Estate of JAPHETH MAGEKA

High Court at Kisii High Court · · Paul Kipkosgei Rotich

1. Before me is a Notice of Motion dated 8/12/2025. In the application the Petitioners/Applicants pray that the orders of this court issued on 29th day of November, 2018 be reviewed and/or set aside, varied or vacated. The applicants also pray that this suit be revived.

2. The application is based on the grounds on the face of it and supported by the annexed affidavit of Pacifica Mongina Mogeka, the 1st Petitioner. In her affidavit the 1st Petitioner avers that she did not have the occasion to attend court on 29th November 2018 when this matter was dismissed for abetement. She also states that she delayed in filing this application because she was not aware the matter had been dismissed

3. In the interest of substantive justice this suit is reinstated. The petitioners are also directed to file schedule of mode of distribution within 7 days.

Dated, Signed and Delivered online via Microsoft platform this 13th day of July 2026.

HON. P. K. ROTICH

JUDGE

In the presence of: -

Ms. Angwenyi for the Petitioners
    In the Estate of JAPHETH MAGEKA In the Estate of JAPHETH MAGEKA