[2014] KEHC 2676 (KLR)
The court found that the proceedings in both succession causes had become highly contentious and that the mixing of records after the files were consolidated had led to confusion. In the interest of justice and fairness, the court determined that the application dated 30th July 2013 should be allowed, and that the...
Source-derived case information.
- Citation
- [2014] KEHC 2676 (KLR)
- Parties
- Applicant: Mr. Kitheka; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 436 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application to Allow Hearing Afresh
- Outcome
- Application allowed. Summons for confirmation to be heard afresh.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Kitheka
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Allow Hearing Afresh
Legal Issues
- 1 Whether the application dated 30th July 2013 should be allowed in light of the mix up in proceedings.
- 2 Whether the summons for confirmation dated 18th April 2013 should be heard afresh due to procedural irregularities.
Ratio Decidendi
The court found that the proceedings in both succession causes had become highly contentious and that the mixing of records after the files were consolidated had led to confusion. In the interest of justice and fairness, the court determined that the application dated 30th July 2013 should be allowed, and that the summons for confirmation dated 18th April 2013 should be heard afresh to ensure a clear and just determination of the estate matters.
Court Disposition
Application allowed. Summons for confirmation to be heard afresh.
Orders
- The application dated 30th July 2013 is allowed.
- The summons for confirmation dated 18th April 2013 shall be heard afresh.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 436 OF 2008
IN THE MATTER OF ESTATE OF JOSEPH MUOKI NDIVO...........(DECEASED)
RULING
I have perused the record in HCSC No. 304 of 1997 and H.C.S.C. No. 436 of 2008. I have noted that the proceedings have been highly contentious in both causes. I have also noted that there has been a mix up in the recording of proceedings in both matters since the two files were brought together.
I believe it would be fair and in the interest of justice that the application dated 30th July 2013 is allowed. The summons for confirmation dated 18th April 2013 shall be heard afresh.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Kitheka advocate for the applicant.