[2015] KEHC 463 (KLR)
The court determined that it could not proceed to prepare or deliver judgment in the current succession cause without first obtaining and reviewing the file from Kikuyu RMCSC No. 46 of 1981, as the parties had made extensive reference to those proceedings and their outcome was relevant to the matter at hand. The...
Source-derived case information.
- Citation
- [2015] KEHC 463 (KLR)
- Parties
- Applicant: Kimachia Gituanja (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 206 of 1994
- Procedural Posture
- Succession Cause / Ruling on Preparation of Judgment Pending Retrieval of Related File
- Outcome
- Judgment deferred pending retrieval of related court file.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Estate Administration, Case File Retrieval
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimachia Gituanja (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Preparation of Judgment Pending Retrieval of Related File
Legal Issues
- 1 Whether the judgment can be prepared without reference to the proceedings in Kikuyu RMCSC No. 46 of 1981.
Ratio Decidendi
The court determined that it could not proceed to prepare or deliver judgment in the current succession cause without first obtaining and reviewing the file from Kikuyu RMCSC No. 46 of 1981, as the parties had made extensive reference to those proceedings and their outcome was relevant to the matter at hand. The absence of the related file would compromise the completeness and fairness of the court's determination.
Court Disposition
Judgment deferred pending retrieval of related court file.
Orders
- The Deputy Registrar is directed to call for and place in this file the court file in respect of Kikuyu DMCSC No. 46 of 1981.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 206 OF 1994
IN THE MATTER OF THE ESTATE OF KIMACHIA GITUANJA (DECEASED)
RULING
In the course of preparing judgment in respect of the application dated 27th November 2007, I have noted that the parties hereto have made extensive reference to proceedings that were conducted in Kikuyu RMCSC No. 46 of 1981, whose outcome appears to me to be relevant to the current proceedings.
The court file in Kikuyu CMCSC No. 46 of 1981 has not been placed in the file before me.
Consequently, I am unable to prepare the judgment herein.
I therefore hereby direct the Deputy Registrar to accordingly call for and have put in this file the court file in respect of Kikuyu DMCSC No. 46 of 1981.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.
W. MUSYOKA
JUDGE