[2008] KEHC 1731 (KLR)
The court determined that the objectors' absence and failure to cooperate could not be allowed to stall the proceedings. Recognizing the parties' agreement that the deceased died both testate and intestate, the court exercised its case management powers to direct both parties to file and serve proposals for...
Source-derived case information.
- Citation
- [2008] KEHC 1731 (KLR)
- Parties
- Applicant: Petitioner; Respondent: Objectors
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2735 of 2001
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Case Management and Directions
- Outcome
- Interlocutory orders issued for proposals and affidavits; matter set for mention.
- Judges
- DA Onyancha
- Legal Topics
- Succession, Testate and Intestate Estate, Distribution of Estate, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petitioner
Applicant
Objectors
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Case Management and Directions
Legal Issues
- 1 Whether the estate of Alexander Werimo Rupia should be distributed as both testate and intestate property.
- 2 How to proceed with the distribution of the estate in light of the parties' partial agreement and objectors' absence.
Ratio Decidendi
The court determined that the objectors' absence and failure to cooperate could not be allowed to stall the proceedings. Recognizing the parties' agreement that the deceased died both testate and intestate, the court exercised its case management powers to direct both parties to file and serve proposals for distribution of the estate within 30 days. The court further ordered that if any party wished to call evidence in support of their proposed mode of distribution, they must file and serve witness affidavits within the same period. These directions were made to ensure the matter proceeds efficiently and to prevent any party from holding the process at ransom, thereby upholding the...
Court Disposition
Interlocutory orders issued for proposals and affidavits; matter set for mention.
Orders
- Either party to file and serve a proposal for distribution within 30 days.
- Mention on 1st July, 2008 for further directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 2735 of 2001
IN THE MATTER OF THE ESTATE OF ALEXANDER WERIMO RUPIA (DECEASED)
R U L I N G
The parties on 6th May 2008 informed the court that they had agreed that the deceased died both testate and intestate and that having come to that conclusion they needed time to sit together to discuss a settlement which they could record today. Petitioner is in court but Objectors and their counsel chose not to attend despite the fact that it is their position that stands on the way to finalise this suit. In taking this position the objectors are holding this court at ransom. The court cannot accept this position and must move towards resolving the issues outstanding and the full case in the final analysis. Accordingly, the court resolves to make the following orders: -
ORDERS
1. Either party to file and serve a proposal for distribution within 30 days.
2. Mention on 1st July, 2008 for further directions.
3. If either party intends to call evidence to support and prove the proposed mode of distribution, parties to file and serve witness evidence affidavits within 30 days.
4. This ruling to be served upon the Objectors and other concerned parties.
Dated and delivered at Nairobi this 21st May 2008.
………………………………….
D A ONYANCHA
JUDGE