[2021] KEHC 4292 (KLR)
The court held that it could not do justice in the matter without sight of the Vihiga SRMCSC No. 54 of 2011 file, as the application for revocation of grant was founded on events that occurred in that file. Furthermore, since the property in question is situated within Vihiga County, the file should be transferred...
Source-derived case information.
- Citation
- [2021] KEHC 4292 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 611 of 2011
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Application for Revocation of Grant
- Outcome
- Application for revocation of grant not determined; file transferred to High Court at Vihiga for finalization.
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Transfer of Succession Cause, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the application for revocation of grant can be determined without the original file from Vihiga SRMCSC No. 54 of 2011.
- 2 Whether the High Court at Kakamega has jurisdiction to finalize the matter when the property is situated in Vihiga County.
Ratio Decidendi
The court held that it could not do justice in the matter without sight of the Vihiga SRMCSC No. 54 of 2011 file, as the application for revocation of grant was founded on events that occurred in that file. Furthermore, since the property in question is situated within Vihiga County, the file should be transferred to the High Court at Vihiga for finalization. The Deputy Registrar at Vihiga is directed to call for the relevant file and place it together with the instant file before the judge for preparation of the final ruling on the revocation application.
Court Disposition
Application for revocation of grant not determined; file transferred to High Court at Vihiga for finalization.
Orders
- The instant file is transferred to the High Court of Kenya at Vihiga for finalization.
- The Deputy Registrar at Vihiga shall cause the court file in Vihiga SRMCSC No. 54 of 2011 to be called for and placed inside the instant file.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
SUCCESSION CAUSE NO. 611 OF 2011
IN THE MATTER OF THE ESTATE OF ABIL OMWEKHONYO alias ABLEY OMWEKHONYO (DECEASED)
RULING
1. The application for determination is the summons dated 4th August 2011. It seeks revocation of a grant made in Vihiga SRMCSC No. 54 of 2011. The file in Vihiga SRMCSC No. 54 of 2011 has not been made available, yet the application that I am to determine is founded on the events that happened in that file. Consequently, I cannot do justice without sight of the said file.
2. The property the subject of the succession cause is situated within Vihiga County. The instant file shall be transferred to the High Court of Kenya at Vihiga for finalization. Once the transfer has been done, the Deputy Registrar at Vihiga shall cause the court file in Vihiga SRMCSC No. 54 of 2011 to be called for and placed inside the instant file, and to thereafter have the file returned to me for preparation of the final ruling on the revocation application.
3. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 6th DAY OF August 2021
W. MUSYOKA
JUDGE