[2010] KEHC 2072 (KLR)
The court determined that the application for confirmation of grant could not proceed until the variance in the deceased's names (MISHEK versus MESHACK) was clarified. This is necessary to prevent future legal complications and to ensure that the grant is issued in respect of the correct individual. The matter was...
Source-derived case information.
- Citation
- [2010] KEHC 2072 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3182 of 2007
- Procedural Posture
- Succession Cause / Pre Confirmation of Grant
- Outcome
- application stood over generally
- Judges
- GMA Dulu
- Legal Topics
- Confirmation of Grant, Variation of Names, Probate Procedure
- 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 / Pre Confirmation of Grant
Legal Issues
- 1 Whether the deceased referred to as MISHEK and MESHACK in the documents and proceedings is the same person.
- 2 Whether the application for confirmation of grant can proceed without clarification of the deceased's correct name.
Ratio Decidendi
The court determined that the application for confirmation of grant could not proceed until the variance in the deceased's names (MISHEK versus MESHACK) was clarified. This is necessary to prevent future legal complications and to ensure that the grant is issued in respect of the correct individual. The matter was therefore stood over generally to allow the administrators to address and clarify the issue of the deceased's proper name in the proceedings before the application for confirmation can be fixed for hearing.
Court Disposition
application stood over generally
Orders
- The matter is stood over generally to enable the administrators to address the issue of the variance of names before fixing the application for confirmation of grant for hearing.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 3182 of 2007
R U L I N G
I see a variation of the names of the deceased. In the documents filed he is named as MISHEK, while in the proceedings, he is referred as MESHACK. I see no affidavit or document that verifies that the two names belonging to one and the same person.
I therefore direct that before the application for confirmation can be dealt with, the issue of the names has to be clarified in the proceedings, to avoid future problems. I therefore mark the matter as stood over generally to enable the administrators address the issue of the variance of names first, before fixing the application for confirmation of grant for hearing. Stood over generally.
It is so ordered.
Dated at Nairobi this 27th day of January, 2010.
George Dulu
Judge.