[2023] KEHC 19877 (KLR)
The court determined that, given the history and complexity of the matter, affidavit evidence would not suffice for a just resolution. Therefore, the matter should proceed by way of oral evidence to allow for a thorough examination of the issues. The objector is to be treated as the plaintiff and the respondent as...
Source-derived case information.
- Citation
- [2023] KEHC 19877 (KLR)
- Parties
- Plaintiff: Objector; Defendant: Respondent
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 355 of 2003
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for hearing by oral evidence.
- Judges
- HK Chemitei
- Legal Topics
- Succession Proceedings, Oral Evidence, Preliminary Objection
- 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
Objector
Plaintiff
Respondent
Defendant
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the matter should proceed by way of oral evidence or affidavit evidence.
- 2 Whether the issues raised are sufficiently intricate to warrant oral testimony.
Ratio Decidendi
The court determined that, given the history and complexity of the matter, affidavit evidence would not suffice for a just resolution. Therefore, the matter should proceed by way of oral evidence to allow for a thorough examination of the issues. The objector is to be treated as the plaintiff and the respondent as the defendant, with both parties granted leave to file and exchange statements or any other evidence within 30 days.
Court Disposition
Directions issued for hearing by oral evidence.
Orders
- The matter shall be heard by way of oral evidence.
- The objector shall be the plaintiff and the respondent the defendant.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Monica Wambui Mutuguti (Deceased) (Succession Cause 355 of 2003) [2023] KEHC 19877 (KLR) (13 July 2023) (Directions)
Neutral citation: [2023] KEHC 19877 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 355 of 2003
HK Chemitei, J
July 13, 2023
IN THE MATTER OF THE ESTATE OF THE LATE MONICA WAMBUI MUTUGUTI(DECEASED)
Directions
1. The court has perused the application herein dated October 4, 2021 as well as the preliminary objection dated June 3, 2022.
2. Taking the history and totality of this mater it is the position of this court that this matter should be heard by way of oral evidence since the issue are intricate and i doubt whether the affidavits evidence will suffice.
3. In the premises the matter shall be heard as directed above. The objector shall be the plaintiff and the respondent the defendant. Parties are hereby granted leave to file and exchange their statements or any other evidence they intend to rely on within 30 days from the date herein.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 13TH DAY OF JULY 2023. H K CHEMITEIJUDGE