[2018] KEHC 103 (KLR)
The court determined that it is appropriate for the administrator to be cross-examined on the contents of his affidavit of account before the main application is heard. This approach ensures that all arguments during the hearing of the main application can incorporate any revelations or clarifications arising from...
Source-derived case information.
- Citation
- [2018] KEHC 103 (KLR)
- Parties
- Applicant: Machanja Ligabo; Respondent: Inyama Ligabo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 21 of 2018
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Cross Examination Request
- Outcome
- Application for cross-examination of the administrator on his affidavit of account granted prior to hearing of the main application.
- Legal Topics
- Probate and Administration, Cross Examination of Affidavit, Account of Estate, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Machanja Ligabo
Applicant
Inyama Ligabo
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Cross Examination Request
Legal Issues
- 1 Whether the administrator should be cross-examined on the contents of his affidavit of account before the main application is heard.
Ratio Decidendi
The court determined that it is appropriate for the administrator to be cross-examined on the contents of his affidavit of account before the main application is heard. This approach ensures that all arguments during the hearing of the main application can incorporate any revelations or clarifications arising from the cross-examination, thereby promoting a fair and comprehensive adjudication of the issues concerning the administration of the estate.
Court Disposition
Application for cross-examination of the administrator on his affidavit of account granted prior to hearing of the main application.
Orders
- The administrator shall be cross-examined on the contents of his affidavit before the main application is heard.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 21 OF 1988
IN THE MATTER OF THE ESTATE OF LIKABO INYAMA LUSALA – DECEASED
BETWEEN
MACHANJA LIGABO.............................................PETITIONER/ ADMINISTRATOR
AND
INYAMA LIGABO...........................................................................................OBJECTOR
R U L I N G
The objector herein has sought for the administrator of the estate to give an account. After the administrator filed an affidavit of account of the estate, Mr.Khayumbi representing the objector sought to cross – examine the administrator on the contents of his affidavit. Mr. Nyikuli for the administrator sought for the main application to be heard first after which, if there was need to cross – examine the administrator, then the cross examination can be done at that stage.
It is the court’s view that the administrator ought to be cross- examined on the contents of his affidavit before the main application is heard so that when the advocates will be urguing the application, the urguements can encompass what was stated in cross- examination. It is thereby ordered that the administrator will be cross – examined before the main application is heard.
Delivered, dated and signed at Kakamega this 11th day of October, 2018.
J. NJAGI
JUDGE
In the presence of:
Nyikuli for petitioner/ Administrator
Khayumbi for objector – absent
Court Assistant – George/ Ruto
Parties – present