[2023] KEHC 19851 (KLR)
The court determined that due to the presence of allegations of forgery and fraud in the application dated April 18, 2022, it is not appropriate to resolve the matter through written submissions. Such serious allegations require oral evidence to be properly proved and adjudicated. The court therefore reviewed its...
Source-derived case information.
- Citation
- [2023] KEHC 19851 (KLR)
- Parties
- Applicant: James M Waraga; Respondent: Elizabeth Wanjiku Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E1212 of 2021
- Procedural Posture
- Succession Cause / Interlocutory Ruling
- Outcome
- Application to be canvassed orally due to allegations of forgery and fraud.
- Judges
- MA Odero
- Legal Topics
- Probate and Administration, Allegations of Forgery, Fraud in Succession, Oral Evidence, Procedure for Disputed Wills
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James M Waraga
Applicant
Elizabeth Wanjiku Gitau
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the summons dated April 18, 2022 can be determined by written submissions or requires oral evidence due to allegations of forgery and fraud.
Ratio Decidendi
The court determined that due to the presence of allegations of forgery and fraud in the application dated April 18, 2022, it is not appropriate to resolve the matter through written submissions. Such serious allegations require oral evidence to be properly proved and adjudicated. The court therefore reviewed its earlier direction and ordered that the application be canvassed orally, ensuring that the parties have the opportunity to present and challenge evidence in person.
Court Disposition
Application to be canvassed orally due to allegations of forgery and fraud.
Orders
- The summons dated April 18, 2022 shall be canvassed by way of oral evidence.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of George Kamau Wakanene (Deceased) (Succession Cause E1212 of 2021) [2023] KEHC 19851 (KLR) (Family) (23 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19851 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E1212 of 2021
MA Odero, J
June 23, 2023
IN THE MATTER OF THE ESTATE OF GEORGE KAMAU WAKANENE (DECEASED)
Between
James M Waraga
Applicant
and
Elizabeth Wanjiku Gitau
Respondent
Ruling
1. Having reconsidered the summons dated April 18, 2022 I am of the opinion that the same cannot be canvassed by way of written submissions. There are allegations of forgery and fraud made which will have to be proved by way of oral evidence. I therefore review the earlier direction and now direct that the application be canvassed orally.
RULING DELIVERED VIRTUALLY IN NAIROBI THIS 23RD DAY OF JUNE, 2023. …………………………………..MAUREEN A. ODEROJUDGEIn the presence of:Mr. Thuranira for PetitionerMr. Orina holding brief for Objector