Sode v Sode (Succession Cause 37 of 2019) [2020] KEKC 17 (KLR) (21 October 2020) (Ruling)

Facts

The respondent/applicant filed a preliminary objection on 3rd September 2019 challenging the jurisdiction of the court to hear and determine the matter. The petitioner/respondent filed a reply on 28/8/2019 and a preliminary objection on 3/09/2019. The preliminary objection was dismissed on 17/02/2020 due to lack of prosecution.

Issues

1. Whether the court should set aside its ruling and reinstate the respondent/applicant's preliminary objection.
2. Whether the court should provide the cost of the application.

Reasoning

The court dismissed the preliminary objection on 17/02/2020 due to lack of prosecution. The applicant/respondent did not show any attempt to prosecute the application. The court found that the ingredients for dismissal were present and the applicant had not been diligent in disposing of his application. The court also noted that the applicant did not explain lackadaisical behavior or convince the court to exercise its discretion in his favor.

Outcome

The application for reinstatement of the preliminary objection is dismissed.

Authorities cited