[2016] KEHC 3908 (KLR)
The court found that the applicant had provided sufficient documentary evidence from the bank proving the deposit of the money in question to the stated account. As the respondent did not contest the evidence but instead filed a separate summons for rectification of the grant, the court determined that the...
Source-derived case information.
- Citation
- [2016] KEHC 3908 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2942 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Deposit and Costs
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant Rectification, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Deposit and Costs
Legal Issues
- 1 Whether the applicant deposited the money in question to the stated account as alleged.
- 2 Whether the application dated 21st July 2015 should be allowed based on the evidence provided.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence from the bank proving the deposit of the money in question to the stated account. As the respondent did not contest the evidence but instead filed a separate summons for rectification of the grant, the court determined that the application dated 21st July 2015 should be allowed in the terms proposed, and the applicant should be awarded costs.
Court Disposition
application allowed
Orders
- The application dated 21st July 2015 is allowed in the terms proposed.
- The applicant shall have costs of the application.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2942 OF 2013
IN THE MATTER OF THE ESTATE OF EDWARD OSORE MASINDE (DECEASED)
RULING
1. The application dated 21st July 2015 has not been conceded. All what has happened is that the respondent has filed a summons dated 5th August 2015 for rectification of the grant.
2. The material attached in support of the application does prove that the applicant deposited the money in question to the account stated. She has attached a document from the bank as proof of the alleged deposit.
3. Consequently I do herby allow the application dated 21st July 2015 in the terms proposed. The applicant shall have costs of the application.
DATED, SIGNED and DELIVERED at NAIROBI this 22ND DAY OF JULY, 2016.
W. MUSYOKA
JUDGE