[2024] KEHC 7434 (KLR)
The court determined that, given the complexity of the relationships between the parties, the degree of consanguinity, and the significant passage of time since the grant was issued and confirmed, the applications to annul the grant cannot be justly resolved on affidavit evidence alone. Oral evidence is necessary to...
Source-derived case information.
- Citation
- [2024] KEHC 7434 (KLR)
- Parties
- Applicant: Philip Kibe Mbugua; Respondent: Rose Wanjiru Kibe; Respondent: Nancy Nyokabi Kibe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1366 of 2015
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for oral hearing of applications to annul grant.
- Judges
- HK Chemitei
- Legal Topics
- Annulment of Grant, Oral Evidence, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kibe Mbugua
Applicant
Rose Wanjiru Kibe
Respondent
Nancy Nyokabi Kibe
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the applications to annul the grant should be determined on affidavit evidence or by viva voce (oral) evidence.
- 2 Whether the passage of time and the relationships between the parties necessitate oral testimony.
Ratio Decidendi
The court determined that, given the complexity of the relationships between the parties, the degree of consanguinity, and the significant passage of time since the grant was issued and confirmed, the applications to annul the grant cannot be justly resolved on affidavit evidence alone. Oral evidence is necessary to clarify contested facts and ensure a fair hearing. Therefore, the applications will be determined by way of viva voce evidence, with the applicants designated as plaintiffs and the respondents as defendants. The parties are granted time to file further affidavits or statements if needed, and the matter is to be set for hearing on a priority basis.
Court Disposition
Directions issued for oral hearing of applications to annul grant.
Orders
- The two applications dated 22nd September 2023 and 25th September 2023 shall be determined by way of oral evidence.
- Applicants shall be plaintiffs and respondents shall be defendants.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of the Late Irene Mumbi Waweru (Deceased) (Succession Cause 1366 of 2015) [2024] KEHC 7434 (KLR) (Family) (20 June 2024) (Directions)
Neutral citation: [2024] KEHC 7434 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1366 of 2015
HK Chemitei, J
June 20, 2024
Between
Philip Kibe Mbugua
Applicant
and
Rose Wanjiru Kibe
1st Respondent
Nancy Nyokabi Kibe
2nd Respondent
Directions
1. Before this court are two sets of applications dated 22nd September 2023 and 25th September 2023. Both applications are seeking to annul the grant issued to the respondents on 16th June 2016 and confirmed on 6th February 2017.
2. I have perused the rival affidavits as well as the submissions on record. Initially the court was of the view that the issues were such that affidavit evidence would suffice.
3. After perusing the entire record of the proceedings herein, the relationships between the parties and the degree of consanguinity between the deceased and the applicants specifically I think that this is a matter that ought to be determined by way of viva voce evidence.
4. There has been a long passage of time and so much has happened in-between and there is therefore need to hear the parties orally.
5. In the premises I direct that the two applications shall be determined by way of oral evidence. The applicants shall be the plaintiffs and the respondents the defendants.
6. Further the parties are granted 21 days each to file and serve further affidavits or statements in support of their case if necessary.
7. The matter be fixed for hearing on priority basis.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20TH DAY OF JUNE 2024. H K CHEMITEIJUDGE