[2017] KEHC 5640 (KLR)
The court found itself unable to determine the preliminary objection because the record was incomplete, specifically lacking the original citation and supporting affidavits that formed the basis of the objection. Without these essential documents, the court could not proceed to make a substantive ruling on the...
Source-derived case information.
- Citation
- [2017] KEHC 5640 (KLR)
- Parties
- Applicant: Michael K. Rotich; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1577 of 2006
- Procedural Posture
- Succession Cause / Preliminary Objection Ruling
- Outcome
- Ruling deferred due to incomplete record.
- Judges
- DN Musyoka
- Legal Topics
- Succession Procedure, Preliminary Objection, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael K. Rotich
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Preliminary Objection Ruling
Legal Issues
- 1 Whether the court can determine the preliminary objection in the absence of the original citation and supporting affidavits.
Ratio Decidendi
The court found itself unable to determine the preliminary objection because the record was incomplete, specifically lacking the original citation and supporting affidavits that formed the basis of the objection. Without these essential documents, the court could not proceed to make a substantive ruling on the objection. The judge directed the parties to ensure the record is completed before the court can address the preliminary objection.
Court Disposition
Ruling deferred due to incomplete record.
Orders
- Parties to complete the record to facilitate preparation of the ruling on the Preliminary Objection.
- Matter to be mentioned on a date to be given in open court or by the Deputy Registrar at the registry.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1577 OF 2006
IN THE MATTER OF THE ESTATE OF MARTIN LUTHER AWUOR (DECEASED)
RULING
1. What I should be determining herein is the objection raised by the Notice of Preliminary Objection lodged herein on 15th July 2016.
2. I have scrupulously perused through the record before me and I have not come across the original citation issued by this court, which is the basis of the objection. I have also not come across copy of the affidavit or affidavits that prompted the issuance of the said citation. All I can see is an incomplete copy of the citation attached to the affidavit of service of Michael K. Rotich, sworn on 14th July 2016.
3. I am accordingly unable to prepare the ruling as my record is incomplete. The parties shall cause the record to be completed to facilitate preparation of the ruling on the Preliminary Objection.
4. Matter to be mentioned on a date to be given in open court at the delivery of this short ruling, or by the Deputy Registrar at the registry.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE