[2022] KEHC 13422 (KLR)
The court declined to determine the pending summons dated October 26, 2020, as the judgment from the related criminal proceedings (Mumias SPMCCRC No 1139 of 2019) was incomplete, specifically lacking the page containing the reasons for the decision. The court held that it could not proceed without the full judgment,...
Source-derived case information.
- Citation
- [2022] KEHC 13422 (KLR)
- Parties
- Applicant: Mwanaisha Makokha Opondo; Respondent: Administratrix (unnamed)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 344 of 2010
- Procedural Posture
- Succession Cause / Interlocutory Ruling; Awaiting Production of Complete Criminal Judgment
- Outcome
- Application for determination of summons dated October 26, 2020 held in abeyance pending production of complete criminal judgment.
- Judges
- WM Musyoka
- Legal Topics
- Probate and Administration, Estate Distribution, Pending Criminal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanaisha Makokha Opondo
Applicant
Administratrix (unnamed)
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling; Awaiting Production of Complete Criminal Judgment
Legal Issues
- 1 Whether the court can proceed to determine the summons dated October 26, 2020 without the complete judgment from the related criminal proceedings.
- 2 Whether the principal asset in the estate can be distributed before the outcome of the criminal case is fully ascertained.
Ratio Decidendi
The court declined to determine the pending summons dated October 26, 2020, as the judgment from the related criminal proceedings (Mumias SPMCCRC No 1139 of 2019) was incomplete, specifically lacking the page containing the reasons for the decision. The court held that it could not proceed without the full judgment, as the outcome of the criminal case directly impacts the distribution of the principal asset in the estate. The court therefore directed the parties to place a complete copy of the judgment on record and instructed the Deputy Registrar to call for the original trial file for perusal before further directions could be given.
Court Disposition
Application for determination of summons dated October 26, 2020 held in abeyance pending production of complete criminal judgment.
Orders
- Parties to place a complete copy of the criminal judgment on record.
- Deputy Registrar to call for the original record and complete trial file in Mumias SPMCCRC No 1139 of 2019 for perusal.
Full Case Text
Judgment text and source record
12 paragraphs
In re Estate of Makokha Elima Mafwabi (Deceased) (Succession Cause 344 of 2010) [2022] KEHC 13422 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13422 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 344 of 2010
WM Musyoka, J
September 23, 2022
Ruling
1. On August 6, 2021, I delivered a ruling herein, where I held determination of a summons date October 26, 2020 in abeyance, to await the outcome of criminal proceedings in Mumias SPMCCRC No 1139 of 2019, where the principal asset in the estate was in contention. I had directed the parties to place the judgment in the criminal matter, once pronounced, before this court, so that after that I could progress the matter thereafter.
2. The court has delivered judgment in Mumias SPMCCRC No 1139 of 2019, and the parties have placed a copy on record, vide an affidavit by Mwanaisha Makokha Opondo. I have perused through the said judgment. Unfortunately, the most important page in that judgment, page 8, which bears the reasons, or the ratio decidendi, for the decision is pending. I am unable to determine the application one way or the other without a complete copy of the judgment before me.
3. Consequently, I direct the parties to place a complete copy of the judgment on record. I also direct the Deputy Registrar to call for the original record, the complete trial file, in Mumias SPMCCRC No 1139 of 2019, for perusal. The matter shall be allocated a date for mention, to confirm compliance, and for further directions.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 23RD DAY OF SEPTEMBER,2022. WM MUSYOKAJUDGEErick Zalo, Court Assistant.Ms. Wilunda, instructed by EA Wilunda & Company, Advocates for the administratrix.Mr. Luchivya, instructed by Marisio Luchivya & Company, Advocates for the applicants..