[2019] KEHC 1640 (KLR)
The court determined that since the matter was partly heard by Njagi J, it would be improper for another judge to proceed to judgment without the benefit of hearing the entire case. The appropriate course is to refer the matter back to Njagi J for further directions, ensuring continuity and fairness in the proceedings.
Source-derived case information.
- Citation
- [2019] KEHC 1640 (KLR)
- Parties
- MISSING: Nehemiah Muhatia Lusala (Deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 650 of 2012
- Procedural Posture
- Succession Cause / Ruling on Case Management/direction
- Outcome
- Matter referred to Njagi J for further directions.
- Judges
- DN Musyoka
- Legal Topics
- Succession Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nehemiah Muhatia Lusala (Deceased)
MISSING
Procedural Posture
Succession Cause / Ruling on Case Management/direction
Legal Issues
- 1 Whether the current judge is properly seized of the matter for judgment.
- 2 Whether the matter should be referred back to the previous judge who partly heard it.
Ratio Decidendi
The court determined that since the matter was partly heard by Njagi J, it would be improper for another judge to proceed to judgment without the benefit of hearing the entire case. The appropriate course is to refer the matter back to Njagi J for further directions, ensuring continuity and fairness in the proceedings.
Court Disposition
Matter referred to Njagi J for further directions.
Orders
- Deputy Registrar to allocate a mention date before Njagi J with notice to counsel for further directions.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 650 OF 2012
IN THE MATTER OF THE ESTATE OF NEHEMIAH MUHATIA LUSALA (DECEASED)
RULING
1. This matter was initially heard by Mrima J, then by Mwita J and lastly by Njagi J.
2. When it was mentioned before me on 26th September 2019, for a date for judgement, it did not become immediately clear to me that Njagi J had handled it.
3. It was only after I began to draft the judgement that I established that the same is a part-heard before Njagi J.
4. I shall accordingly direct that the Deputy Registrar allocates the matter a date for mention, with notice to counsel appearing, before Njagi J for further directions.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF NOVEMBER, 2019
W. MUSYOKA
JUDGE