[2019] KEHC 4323 (KLR)
The court held that in highly contested succession matters, such as the present application for revocation of grant, the issues are best determined through oral evidence rather than written submissions. This allows for cross-examination of parties and clarification of contested facts, ensuring that all issues are...
Source-derived case information.
- Citation
- [2019] KEHC 4323 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 43 of 2019
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Mode of Hearing
- Outcome
- Summons for revocation of grant to be disposed of by oral evidence.
- Judges
- DN Musyoka
- Legal Topics
- Revocation of Grant, Oral Evidence, Succession Procedure
- 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 Mode of Hearing
Legal Issues
- 1 Whether the summons for revocation of grant should be determined by written submissions or oral evidence.
- 2 Whether the contested issues in the succession cause require cross-examination and viva voce evidence.
Ratio Decidendi
The court held that in highly contested succession matters, such as the present application for revocation of grant, the issues are best determined through oral evidence rather than written submissions. This allows for cross-examination of parties and clarification of contested facts, ensuring that all issues are fully ventilated before the court. The court emphasized the duty of parties and counsel to facilitate a comprehensive determination of the issues by subjecting affidavits to oral scrutiny.
Court Disposition
Summons for revocation of grant to be disposed of by oral evidence.
Orders
- The summons for revocation of grant dated 20th July 2018 shall be disposed of by way of oral evidence to be adduced on dates to be given at the delivery of this ruling.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 43 OF 2006
IN THE MATTER OF THE ESTATE OF ALFRED WANDANDA WANGANYA (DECEASED)
RULING
1. What is for determination herein is the summons for revocation of grant dated 20th July 2018. I have read through the entire record, that is to say the petition, the confirmation proceedings, the summons for revocation and the rival affidavits, and the judgment in ELC No. 195 of 2015.
2. I note that the parties hereto opted for the easy way out, written submissions, yet the issues are convoluted and required to be determined by way of oral evidence. In highly contested matters, such as the present one, disposal should be by way of viva voce evidence. The averments of the parties made in their respective affidavits ought to be subjected to cross-examination for all the contested issues to come out clearly. Parties and counsel owe it to the court to do everything to bring out all the issues, and that best happens when some of these matters are subjected to oral hearing, where the court can seek clarifications from the parties if need be.
3. I accordingly hereby direct that the said summons shall be disposed of by way of oral evidence to be adduced on dates to be given at the delivery of this ruling.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF SEPTEMBER 2019
W. MUSYOKA
JUDGE