[2015] KEHC 1380 (KLR)
The court determined that the affidavits and submissions filed by the parties reveal contested issues of fact that cannot be adequately resolved on the basis of written evidence alone. In such circumstances, it is appropriate and necessary for the court to direct that the matter proceed to hearing with oral...
Source-derived case information.
- Citation
- [2015] KEHC 1380 (KLR)
- Parties
- Applicant: Abija Wanjue Mbogo; Respondent: Njeru Nyaga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 211 of 2009
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Mode of Hearing
- Outcome
- Application to proceed by oral evidence granted; matter set for hearing.
- Legal Topics
- Succession Procedure, Oral Evidence, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abija Wanjue Mbogo
Applicant
Njeru Nyaga
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Mode of Hearing
Legal Issues
- 1 Whether the issues raised in the affidavits require resolution by oral evidence.
- 2 Whether the matter should proceed by way of oral hearing.
Ratio Decidendi
The court determined that the affidavits and submissions filed by the parties reveal contested issues of fact that cannot be adequately resolved on the basis of written evidence alone. In such circumstances, it is appropriate and necessary for the court to direct that the matter proceed to hearing with oral evidence, to ensure a fair and just determination of the issues in dispute regarding the estate of the deceased.
Court Disposition
Application to proceed by oral evidence granted; matter set for hearing.
Orders
- The case shall proceed to hearing with oral evidence.
- Hearing is scheduled for 5th November, 2015.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 211 OF 2009
IN THE MATTER OF THE ESTATE OF KAMAU GIKURI (DECEASED)
ABIJA WANJUE MBOGO................................................................................................APPLICANT
VERSUS
NJERU NYAGA..............................................................................................................RESPONDENT
RULING
Introduction:
I Have perused the affidavits filed in this application. They raise issues that may be only be resolved by oral evidence. This is also clear from the submissions of the parties made in this court on 16th September, 2015. In those submissions, the parties took conflicting positions in respect of the subject matter in issue.
In the circumstances, I direct that the case proceeds to hearing and that oral evidence be produced. And for that reason, hearing of the case should be on 5th November, 2015.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this.. 5th .. day of OCTOBER .2015.
In the presence of applicant and in the absence of the respondent.
Court clerk Mr Njue.
J. M. BWONWONGA
JUDGE
05. 10. 15.