[2018] KEHC 927 (KLR)
The court determined that since Njagi J had previously handled the matter and only given directions for the filing of written submissions, it was appropriate for the file to be placed before him for further directions. The current judge declined to rule on the pending application and instead ordered that the matter...
Source-derived case information.
- Citation
- [2018] KEHC 927 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 671 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application; File to Be Placed Before Previous Judge for Directions
- Outcome
- Matter referred to Njagi J for further directions.
- Judges
- DN Musyoka
- Legal Topics
- Succession Procedure, Estate Administration
- 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 / Ruling on Application; File to Be Placed Before Previous Judge for Directions
Legal Issues
- 1 Whether the current judge should rule on the pending application or refer the matter to the judge who previously handled the case.
Ratio Decidendi
The court determined that since Njagi J had previously handled the matter and only given directions for the filing of written submissions, it was appropriate for the file to be placed before him for further directions. The current judge declined to rule on the pending application and instead ordered that the matter be referred to Njagi J to ensure continuity and proper administration of justice.
Court Disposition
Matter referred to Njagi J for further directions.
Orders
- The matter be placed before Njagi J for further directions.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 671 OF 2010
IN THE MATTER OF THE ESTATE OF ERICA AZENGA MUGUHELI, DECEASED
RULING
1. When the matter was mentioned before me on 18th June 2018, the parties intimated that the matter had been handled by Njagi J and suggested that the file be placed before the Judge for ruling.
2. I was inclined to write the ruling on the pending application, given that Njagi J had merely given directions that the parties do file written submissions.
3. I have perused through the record and pondered over the matter and I have decided that the matter be placed before Njagi J for further directions.
4. It is so ordered.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER, 2018
W. MUSYOKA
JUDGE