[2017] KEHC 8223 (KLR)
The court declined to prepare a ruling on the application to amend the certificate of confirmation of grant because a key affidavit by the respondent was missing from the court record. The absence of this affidavit would render any decision unjust, as the court must consider all relevant materials before making a...
Source-derived case information.
- Citation
- [2017] KEHC 8223 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2058 of 2003
- Procedural Posture
- Succession Cause / Interlocutory Application; Ruling Deferred Pending Filing of Affidavit
- Outcome
- Ruling deferred; directions issued for filing of missing affidavit.
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Amendment of Certificate, Affidavit Filing, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Interlocutory Application; Ruling Deferred Pending Filing of Affidavit
Legal Issues
- 1 Whether the certificate of confirmation of grant should be amended to reflect the correct position.
- 2 Whether the court can proceed to rule in the absence of a key affidavit by the respondent.
Ratio Decidendi
The court declined to prepare a ruling on the application to amend the certificate of confirmation of grant because a key affidavit by the respondent was missing from the court record. The absence of this affidavit would render any decision unjust, as the court must consider all relevant materials before making a determination. The judge directed that the respondent's counsel ensure the affidavit is placed on record, after which the matter will be mentioned for further directions.
Court Disposition
Ruling deferred; directions issued for filing of missing affidavit.
Orders
- Counsel for the respondent shall cause the said affidavit to be placed in the court file.
- The Deputy Registrar shall cause the matter to be mentioned for further directions.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2058 OF 2003
IN THE MATTER OF THE ESTATE OF GEOFREY KAMAU KIHUYU (DECEASED)
RULING
1. The summons dated 11th May 2015 seeks the principal order that the certificate of confirmation of grant dated 26th November 2013 be amended to reflect the correct position.
2. I am unable to prepare the ruling in respect of the said application as my record is not complete.
3. It would appear, from the applicant’s further affidavit sworn on 19th February 2016, that the respondent had filed an undated affidavit on 22nd October 2015.
4. That affidavit is not on record. It would not do justice to prepare a ruling in the absence of that affidavit.
5. Counsel for the respondent shall cause the said affidavit to be placed in the court file. Thereafter the Deputy Registrar shall cause the matter to be mentioned for further directions.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF JANUARY, 2017.
W. MUSYOKA
JUDGE