[2023] KEHC 1082 (KLR)
The court determined that the controversy regarding the management of the deceased's estate is too complex and contentious to be resolved solely on the basis of affidavit evidence. The judge found that the affidavits and statements of account filed by the parties revealed deep-seated disputes over the administration...
Source-derived case information.
- Citation
- [2023] KEHC 1082 (KLR)
- Parties
- Applicant: John Andrew; Applicant: William Henry; Applicant: Christopher Wood; Respondent: Margret Esther
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 85 of 2019
- Procedural Posture
- Succession Cause / Directions After Affidavits and Accounts Filed; Pre Hearing for Viva Voce Evidence
- Outcome
- Directions issued for viva voce evidence; matter set down for hearing.
- Judges
- MM Kasango
- Legal Topics
- Administration of Estates, Accounting by Administrators, Distribution of Estate, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Andrew
Applicant
William Henry
Applicant
Christopher Wood
Applicant
Margret Esther
Respondent
Procedural Posture
Succession Cause / Directions After Affidavits and Accounts Filed; Pre Hearing for Viva Voce Evidence
Legal Issues
- 1 Whether the management and administration of the deceased's estate has been conducted in accordance with the consent order and partial confirmed grant.
- 2 Whether the controversy regarding the estate's management can be resolved on affidavit evidence or requires oral (viva voce) evidence.
Ratio Decidendi
The court determined that the controversy regarding the management of the deceased's estate is too complex and contentious to be resolved solely on the basis of affidavit evidence. The judge found that the affidavits and statements of account filed by the parties revealed deep-seated disputes over the administration of the estate, necessitating the reception of viva voce evidence. This approach is required to ensure a fair and conclusive resolution of the issues raised in the applications dated July 19, 2021 (amended November 12, 2021) and November 10, 2021. The court therefore directed that a hearing date be fixed for oral evidence, and that parties file witness statements or affidavits...
Court Disposition
Directions issued for viva voce evidence; matter set down for hearing.
Orders
- A date will be fixed for viva voce evidence to be received by the court.
- Parties to file witness statements or affidavits as their evidence in chief.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Mary Rose Wairimu Dames (Deceased) (Succession Cause 85 of 2019) [2023] KEHC 1082 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1082 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause 85 of 2019
MM Kasango, J
February 23, 2023
IN THE MATTER OF THE ESTATE OF MARY ROSE WAIRIMU DAMES alias MARY WAIRIMU DAMES (DECEASED)
Ruling
1. This court delivered a ruling in this matter on September 22, 2022 and made the following orders:-“Disposition19. In respect to the summons dated July 9, 2021 (amended on November 12, 2021) and dated November 10, 2021, I order as follows:-a.Each respondent, individually shall within 14 days from this date hereof file a detailed account of all acts undertaken in this estate and in that account shall set out how those acts conform to the consent dated August 10, 2020 and the partial confirmed grant dated October 28, 2020. b.That account stated in (a) above shall be served upon all the applicants within 15 days from this date hereof. On being served, the applicants are granted 14 days from the date of service to file and serve their response.”This ruling is essentially to give directions now that the court has received affidavits and statement of account.
2. Having perused those documents, I hereby find that there is deep seated controversy on the state of the deceased’s estate and how it has been managed. That controversy cannot, in my humble view, be resolved on affidavit evidence. There is necessity for this court to receive viva voce evidence in order for a conclusive ruling to be delivered in respect to the applications dated July 19, 2021 (amended on November 12, 2021) and the other dated November 10, 2021.
3. It follows that a date will be fixed for viva voce evidence to be received by the court. In that regard, parties will need to file witness statements or affidavits which will be their evidence in chief.
RULING DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF FEBRUARY, 2023. MARY KASANGOJUDGECoram:Court Assistant: Mourice /JuliaPresent for Mbiriri Ngugi & Co. Advocates for:-John AndrewWilliam HenryChristopher Wood Ms. WanjeraCaroline KotilGitau J.H. Mwara & Co. Advocates for Margret Esther:- Mr. GitauCOURTRULING DELIVERED VIRTUALLY.MARY KASANGOJUDGE