[2020] KEHC 5243 (KLR)
The court found that it could not proceed to make a meaningful ruling on the application dated 22nd July, 2019 because there was no affidavit of protest on record. The absence of the affidavit deprived the court of the necessary material to determine the issues raised by the protestors. As a result, the court...
Source-derived case information.
- Citation
- [2020] KEHC 5243 (KLR)
- Parties
- Applicant: Njoka Mutuanenne; Respondent: Alicap Munene Kuruta; Respondent: Stanley Gachoki Gichira
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 120 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Protest Affidavit
- Outcome
- Matter stood over for mention to confirm filing of affidavit of protest.
- Judges
- LW Gitari
- Legal Topics
- Succession, Estate Administration, Affidavit of Protest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njoka Mutuanenne
Applicant
Alicap Munene Kuruta
Respondent
Stanley Gachoki Gichira
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Protest Affidavit
Legal Issues
- 1 Whether an affidavit of protest has been filed in the matter.
- 2 Whether the court can proceed to rule without the affidavit of protest on record.
Ratio Decidendi
The court found that it could not proceed to make a meaningful ruling on the application dated 22nd July, 2019 because there was no affidavit of protest on record. The absence of the affidavit deprived the court of the necessary material to determine the issues raised by the protestors. As a result, the court ordered that the matter be mentioned for the parties to confirm whether an affidavit of protest has been filed, ensuring that due process and procedural fairness are observed before any substantive determination is made.
Court Disposition
Matter stood over for mention to confirm filing of affidavit of protest.
Orders
- This matter shall be listed for mention for the parties to confirm whether an affidavit of protest has been filed.
- The parties will take a mention date at the court registry.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
SUCCESSION CAUSE NO. 120 OF 2013
(formerly Succession 372 of 2009 - EMBU, Succession 72 of 1988 Kerugoya Lower Court)
IN THE MATTER OF THE ESTATE OF NGERECA NDUKU (DECEASED)
NJOKA MUTUANENNE...............................................PETITIONER
VERSUS
ALICAP MUNENE KURUTA....RESPONDENTS/ PROTESTORS
STANLEY GACHOKI GICHIRA
RULING
1. This matter relates to The Estate Ngereca Nduku (deceased) who died inte-estate on 7th day of May 1988, and what was coming up in this matter was a Ruling on an application dated 22nd July, 2019.
2. It would seem that there was an affidavit of protest which was sworn by the protestor in this matter. However, I have carefully perused the file and I have not come across any affidavit of protest by the protestors. It will therefore not be possible for me to write any meaningful Ruling without the benefit of the contents of that affidavit of protest.
3. In the circumstances I order that this matter shall be listed for mention for the parties to confirm whether indeed an affidavit of protest has been filed in this matter.
4. The parties will take a mention date at the Court registry.
Dated, signed at Kerugoya this 29th day of May 2020.
L. W. GITARI
JUDGE