[2017] KEHC 5665 (KLR)
The court determined that it could not do justice to the application dated 14th January 2015 without first having sight of the related file, HCSC No. 923 of 2014. The judge held that the contents of the related file were crucial to the fair and just determination of the matter at hand. Therefore, the court directed...
Source-derived case information.
- Citation
- [2017] KEHC 5665 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 449 of 1993
- Procedural Posture
- Succession Cause / Interlocutory Application
- Outcome
- adjourned_for_mention
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Interlocutory Application
Legal Issues
- 1 Whether the application dated 14th January 2015 can be determined without reference to HCSC No. 923 of 2014.
- 2 Whether the court should await the reconstruction and consolidation of the related file before proceeding.
Ratio Decidendi
The court determined that it could not do justice to the application dated 14th January 2015 without first having sight of the related file, HCSC No. 923 of 2014. The judge held that the contents of the related file were crucial to the fair and just determination of the matter at hand. Therefore, the court directed the Deputy Registrar to ensure that the file in HCSC No. 923 of 2014 is consolidated with the current file before any further directions or determination are made.
Court Disposition
adjourned_for_mention
Orders
- The Deputy Registrar is directed to cause the file in HCSC No. 923 of 2014 to be put together with this file.
- Matter to be mentioned thereafter for further directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 449 OF 1993
IN THE MATTER OF THE ESTATE OF MARTHA WANJIKU GACHUGU (DECEASED)
RULING
1. The application that I am to determine is dated 14th January 2015. It was disposed of by way of oral evidence.
2. The court file that is before me is reconstructed following an order made on 28th September 2015.
3. More crucially at the hearing of the instant application there was extensive reference to HCSC No. 923 of 2014.
4. I feel I would not do justice to the matter if I decide the application without first having sight of HCSC No. 923 of 2014.
5. Consequently, I shall direct the Deputy Registrar to cause the file in HCSC No. 923 of 2014 to be put together with this file.
6. Matter to be mentioned thereafter for further directions.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE