[2024] KEHC 12583 (KLR)
The court determined that it would be premature to consider the confirmation application without first obtaining and reviewing the file in Busia CMCSC No. 71 of 1986, as both parties acknowledged its potential relevance to the distribution of the estate. To ensure a fair and comprehensive determination, the court...
Source-derived case information.
- Citation
- [2024] KEHC 12583 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 243 of 2012
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Preliminary Application
- Outcome
- Ruling deferred pending production of Busia CMCSC No. 71 of 1986 file.
- Judges
- WM Musyoka
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- 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 Preliminary Application
Legal Issues
- 1 Whether the court should proceed to consider the confirmation application without the file in Busia CMCSC No. 71 of 1986.
- 2 Whether Busia CMCSC No. 71 of 1986 has a bearing on the distribution of the estate.
Ratio Decidendi
The court determined that it would be premature to consider the confirmation application without first obtaining and reviewing the file in Busia CMCSC No. 71 of 1986, as both parties acknowledged its potential relevance to the distribution of the estate. To ensure a fair and comprehensive determination, the court exercised its discretion to call for the file and deferred further proceedings until its availability could be confirmed. This approach upholds the principle that all material facts and records must be before the court in succession matters, particularly where prior proceedings may impact the current distribution of the deceased's estate.
Court Disposition
Ruling deferred pending production of Busia CMCSC No. 71 of 1986 file.
Orders
- Deputy Registrar to call for the file in Busia CMCSC No. 71 of 1986.
- Matter to be mentioned on 18th November 2024 to confirm availability of the file and for allocation of a date for ruling.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Catherine Shiundu Ojinji (Deceased) (Succession Cause 243 of 2012) [2024] KEHC 12583 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12583 (KLR)
Republic of Kenya
In the High Court at Busia
Succession Cause 243 of 2012
WM Musyoka, J
October 22, 2024
IN THE MATTER OF THE ESTATE OF CATHERINE SHIUNDU OJINJI (DECEASED)
Ruling
1. The application that I should be determining is that dated 22nd April 2024.
2. I had directed the parties, on 28th May 2024, to file written submissions. They have complied.
3. I have read the written submissions, while preparing the ruling, and noted that both sides have mentioned Busia CMCSC No. 71 of 1986, as possibly having a bearing on the distribution of the estate herein.
4. Before I embark on considering the confirmation application, it may be prudent to have before me the file in Busia CMCSC No. 71 of 1986.
5. I, accordingly, direct the Deputy Registrar to call for that file.
6. This matter shall be mentioned on 18th November 2024, to confirm availability of the file in Busia CMCSC No. 71 of 1986, and for allocation of a date for ruling.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 22NDDAY OF OCTOBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Maloba, instructed by Hammerton Maloba & Company, Advocates for the applicant.Mr. Ouma, instructed by BM Ouma & Company, Advocates for the respondent.