[2021] KEHC 9689 (KLR)
The court is unable to determine the application because the documents presented are so faint as to be unreadable. Without legible documents, the court cannot prepare a ruling or address the merits of the application. The applicant is therefore directed to file more legible copies, after which a new date for the...
Source-derived case information.
- Citation
- [2021] KEHC 9689 (KLR)
- Parties
- Applicant: Administrator (Name not legible); Respondent: (Other parties not specified)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 416 of 2014
- Procedural Posture
- Succession Cause / Interlocutory Application
- Outcome
- Application not determined; applicant directed to file legible documents.
- Judges
- DN Musyoka
- Legal Topics
- Estate Administration, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrator (Name not legible)
Applicant
(Other parties not specified)
Respondent
Procedural Posture
Succession Cause / Interlocutory Application
Legal Issues
- 1 Whether the court can proceed to determine the application dated 17th August 2020 when the documents are illegible.
Ratio Decidendi
The court is unable to determine the application because the documents presented are so faint as to be unreadable. Without legible documents, the court cannot prepare a ruling or address the merits of the application. The applicant is therefore directed to file more legible copies, after which a new date for the ruling will be set.
Court Disposition
Application not determined; applicant directed to file legible documents.
Orders
- The administrator/applicant shall place on record documents that are more legible.
- A fresh date for ruling shall be fixed thereafter.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
SUCCESSION CAUSE NO. 416 OF 2014
IN THE MATTER OF THE ESTATE OF FRANCIS SITUMA KUTORI (DECEASED)
RULING
The application I am called upon to determine is dated 17th August 2020. However, the prints in the papers relating to it are so faint that I am unable to read the contents. I am unable, therefore, to prepare the ruling. Consequently, I direct that the administrator/applicant places on record documents that are more legible. A fresh date for ruling shall be fixed thereafter.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGATHIS 22ND DAY OF JANUARY,2021
W. MUSYOKA
JUDGE