[2019] KEHC 6683 (KLR)

[2019] KEHC 6683 (KLR)

The court determined that, in accordance with the rules governing review, an application for review of a judgment must be heard by the judicial officer who authored the original judgment. Since the judgment in question was delivered by Njagi J, the file should be placed before Njagi J for the preparation and...

Source-derived case information.

Citation
[2019] KEHC 6683 (KLR)
Parties
Applicant: Applicant; Respondent: Respondent
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Succession Cause 519A of 2000
Procedural Posture
Succession Cause / Application for Review of Judgment
Outcome
Application for review not determined; file to be placed before Njagi J for ruling.
Judges
DN Musyoka
Legal Topics
Succession Review, Estate Administration
Source Language
en
Family and Children Succession Review Estate Administration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Succession Cause / Application for Review of Judgment

Legal Issues

  1. 1 Whether the application for review of the judgment delivered on 28th June 2017 should be heard by a different judge or the original judge.
  2. 2 Whether the matter should be placed before Njagi J for determination of the review application.

Ratio Decidendi

The court determined that, in accordance with the rules governing review, an application for review of a judgment must be heard by the judicial officer who authored the original judgment. Since the judgment in question was delivered by Njagi J, the file should be placed before Njagi J for the preparation and determination of the ruling on the review application. The current judge, therefore, declined to hear the application and directed administrative action to ensure compliance with the procedural requirement.

Court Disposition

Application for review not determined; file to be placed before Njagi J for ruling.

Orders

  • The file shall be placed before Njagi J for the purpose of the preparation of the ruling.