[2017] KEHC 2187 (KLR)

[2017] KEHC 2187 (KLR)

The court found that it could not proceed to finalize the ruling on the application dated 3rd August 2015 because the affidavits in response, sworn by Theresa Wanjiru and two other beneficiaries, were missing from the court record. Since two witnesses had testified on the basis of these affidavits, their absence...

Source-derived case information.

Citation
[2017] KEHC 2187 (KLR)
Parties
Respondent: Theresa Wanjiru; Applicant: Joseph Gichuki Riunge (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 3079 of 2002
Procedural Posture
Succession Cause / Interlocutory Application; Ruling on Missing Affidavits
Outcome
Ruling deferred; matter to be mentioned for receipt of missing affidavits.
Judges
DN Musyoka
Legal Topics
Probate and Administration, Missing Affidavits, Beneficiary Objections
Source Language
en
Family and Children Probate and Administration Missing Affidavits Beneficiary Objections

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Parties

Theresa Wanjiru

Respondent

Joseph Gichuki Riunge (Deceased)

Applicant

Procedural Posture

Succession Cause / Interlocutory Application; Ruling on Missing Affidavits

Legal Issues

  1. 1 Whether the court can proceed to rule on the application dated 3rd August 2015 in the absence of affidavits in response by beneficiaries.
  2. 2 Whether the evidence of witnesses based on missing affidavits can be considered.

Ratio Decidendi

The court found that it could not proceed to finalize the ruling on the application dated 3rd August 2015 because the affidavits in response, sworn by Theresa Wanjiru and two other beneficiaries, were missing from the court record. Since two witnesses had testified on the basis of these affidavits, their absence rendered the record incomplete and prevented a fair and proper determination of the application. The court therefore directed that the matter be mentioned on a future date to receive copies of the missing affidavits before proceeding further.

Court Disposition

Ruling deferred; matter to be mentioned for receipt of missing affidavits.

Orders

  • The matter shall be mentioned on a date to be given at the delivery of this ruling to receive copies of the affidavits sworn on 27th June 2016.