[2020] KEHC 5498 (KLR)
The court determined that before ruling on the Notice of Motion dated 22/11/2019, it is necessary to hear from all beneficiaries, particularly Charles Odhiambo Auma, to ensure that the interests of all parties are considered and that the principles of natural justice are upheld. The court therefore directed that the...
Source-derived case information.
- Citation
- [2020] KEHC 5498 (KLR)
- Parties
- Applicant: Benson Ogutu Simba; Respondent: Pius Olima Simba
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 345 of 2015
- Procedural Posture
- Succession Cause / Interlocutory Order
- Outcome
- interlocutory orders issued; matter adjourned for directions and service on parties
- Judges
- AC Mrima
- Legal Topics
- Succession Proceedings, Estate Administration, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Ogutu Simba
Applicant
Pius Olima Simba
Respondent
Procedural Posture
Succession Cause / Interlocutory Order
Legal Issues
- 1 Whether the court should hear from other beneficiaries, particularly Charles Odhiambo Auma, before determining the application.
- 2 Whether service should be effected on all relevant parties before further directions.
Ratio Decidendi
The court determined that before ruling on the Notice of Motion dated 22/11/2019, it is necessary to hear from all beneficiaries, particularly Charles Odhiambo Auma, to ensure that the interests of all parties are considered and that the principles of natural justice are upheld. The court therefore directed that the matter be fixed for directions and that service be effected on the relevant parties to facilitate their participation.
Court Disposition
interlocutory orders issued; matter adjourned for directions and service on parties
Orders
- The matter shall be fixed for directions on 18/06/2020.
- The Deputy Registrar to effect service upon Messrs. Mudeyi & Company Advocates and Pius Olima Simba.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
[CORAM: MRIMA, J.]
SUCCESSION CAUSE NO. 345 OF 2015
(Formerly Kisii High Court Succession Cause No. 452 of 2011)
IN THE MATTER OF THE ESTATE OF THE LATE JACOB SIMBA ABADHO (DECEASED)
BETEWEN
BENSON OGUTU SIMBA................................................................PETITIONER
VERSUS
PIUS OLIMA SIMBA.......................................................................PROTESTOR
ORDER
1. I have carefully considered the Notice of Motion dated 22/11/2019 which is now due for ruling.
2. I am of the considered view that there are cardinal issues which ought to be dealt with before rendering the ruling. The principal issue is whether this Court ought to hear what the other beneficiaries of the estate of the deceased herein, particularly one Charles Odhiambo Auma,have to say on the application.
3. In order to give the main parties in this Cause an opportunity to respond to the above issue I hereby make the following orders: -
a. The matter shall be fixed for directions on 18/06/2020.
b. The Deputy Registrar of this Court to effect service upon Messrs. Mudeyi & Company Advocates and Pius Olima Simba.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 28th day of May, 2020.
A. C. MRIMA
JUDGE