[2017] KEHC 3210 (KLR)
The court found itself unable to determine the application for review because the judgment sought to be reviewed was not available in the court file. Without the judgment, the court could not assess the merits or grounds of the review application. The court therefore directed that a copy of the judgment be placed on...
Source-derived case information.
- Citation
- [2017] KEHC 3210 (KLR)
- Parties
- Applicant: Ndung’u Mwaniki (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2351 of 2011
- Procedural Posture
- Succession Cause / Application for Review of Judgment
- Outcome
- Application for review not determined; directions issued for judgment to be placed on file.
- Judges
- DN Musyoka
- Legal Topics
- Succession Review, Estate Administration, Missing Judgment Record
- 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
Ndung’u Mwaniki (Deceased)
Applicant
Procedural Posture
Succession Cause / Application for Review of Judgment
Legal Issues
- 1 Whether the court can determine the application for review in the absence of the judgment sought to be reviewed.
Ratio Decidendi
The court found itself unable to determine the application for review because the judgment sought to be reviewed was not available in the court file. Without the judgment, the court could not assess the merits or grounds of the review application. The court therefore directed that a copy of the judgment be placed on the file before proceeding further.
Court Disposition
Application for review not determined; directions issued for judgment to be placed on file.
Orders
- Deputy Registrar to cause a copy of the judgment to be placed on the file.
- Matter to be mentioned thereafter to fix a date for ruling on the application.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2351 OF 2011
IN THE MATTER OF THE ESTATE OF NDUNG’U MWANIKI (DECEASED)
RULING
1. I delivered a judgment herein on 26th October 2016. The application dated 20th February 2017 seeks review of the orders made in that judgment.
2. I have carefully combed through the file of papers before me, unfortunately a copy of the judgment sought to be reviewed is not in the file. I am unable to determine the application dated 20th February 2017 in the circumstances.
3. I hereby direct the Deputy Registrar to cause a copy of the judgment to be placed on the file. The matter shall thereafter be mentioned to fix a date for ruling on the said application.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OF SEPTEMBER, 2017.
W. MUSYOKA
JUDGE