[2021] KEHC 13141 (KLR)
The court found that written submissions filed by the parties did not adequately address the critical issues necessary for a just determination of the summons for revocation of grant. In the interest of justice, the court exercised its discretion to revise its earlier directions and ordered that the matter proceed...
Source-derived case information.
- Citation
- [2021] KEHC 13141 (KLR)
- Parties
- Applicant: Henry Agiso Ogutu; Respondent: Hilda Agolla Orimba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 722 of 2019
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Directions
- Outcome
- Directions revised; matter to proceed by oral evidence.
- Judges
- JV Juma
- Legal Topics
- Succession Proceedings, Revocation of Grant, Oral Evidence, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Agiso Ogutu
Applicant
Hilda Agolla Orimba
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling on Directions
Legal Issues
- 1 Whether the matter should be determined on written submissions or by calling oral evidence.
- 2 Whether the written submissions adequately address the critical issues for a just decision.
Ratio Decidendi
The court found that written submissions filed by the parties did not adequately address the critical issues necessary for a just determination of the summons for revocation of grant. In the interest of justice, the court exercised its discretion to revise its earlier directions and ordered that the matter proceed by way of oral evidence, allowing parties to present their cases fully and address all pertinent issues before the court.
Court Disposition
Directions revised; matter to proceed by oral evidence.
Orders
- Directions of 19th January 2021 are revised.
- Parties to call oral evidence in the matter.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 722 OF 2019
IN THE MATTER OF THE ESTATE OF MARGARET ADHIAMBO KOCHOLLA (DECEASED)
HENRY AGISO OGUTU.................................................APPLICANT
V E R S U S
HILDA AGOLLA ORIMBA........................................RESPONDENT
RULING
(1) I have considered this Summons for Revocation of Grant. Due to the impact of the Covid Pandemic, Courts were hearing matters online and directions were given that the matter be disposed by way of written submissions. However in my view the written submissions do not adequately address critical issues which would enable the Court make a just decision in this matter.
(2) Therefore upon further reflection I revise my directions of 19th January 2021 and direct that parties call oral evidence in the matter. An early date for hearing will be given.
DATED IN NAIROBI THIS 11TH DAY OF JUNE, 2021.
..........................................
MAUREEN A. ODERO
JUDGE