[2024] KEHC 14326 (KLR)
The court found that, given the nature of the evidence and the annexures presented by both parties, it would not be appropriate to determine the matter solely on affidavit evidence. To ensure justice and fairness, the court directed that the objection proceedings be determined by way of oral evidence, allowing for...
Source-derived case information.
- Citation
- [2024] KEHC 14326 (KLR)
- Parties
- Applicant: Fredrick Kibui; Respondent: Samuel Muiru Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 383 of 1991
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Objection proceedings to be determined by oral evidence; directions issued.
- Judges
- HK Chemitei
- Legal Topics
- Succession Proceedings, Objection to Grant, Oral Evidence, Cross Examination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kibui
Applicant
Samuel Muiru Kimani
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the objection proceedings should be determined by affidavit evidence or oral testimony.
- 2 Whether the annexures and evidence require testing through cross-examination.
Ratio Decidendi
The court found that, given the nature of the evidence and the annexures presented by both parties, it would not be appropriate to determine the matter solely on affidavit evidence. To ensure justice and fairness, the court directed that the objection proceedings be determined by way of oral evidence, allowing for cross-examination of witnesses and testing of documentary evidence. This approach upholds the principles of fair hearing and due process in succession matters.
Court Disposition
Objection proceedings to be determined by oral evidence; directions issued.
Orders
- Objection proceedings shall be determined by way of oral evidence.
- Parties granted 30 days to file witness statements and/or further affidavits and serve each other.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of the Late Kibui Kimani Mukora (Deceased) (Succession Cause 383 of 1991) [2024] KEHC 14326 (KLR) (Family) (24 October 2024) (Directions)
Neutral citation: [2024] KEHC 14326 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 383 of 1991
HK Chemitei, J
October 24, 2024
IN THE MATTER OF THE ESTATE OF THE LATE KIBUI KIMANI MUKORA (DECEASED)
Between
Fredrick Kibui
Objector
and
Samuel Muiru Kimani
Respondent
Directions
1. The court has perused the application dated 15th May 2023 together with the annexures to the supporting affidavit of the Applicant sworn on the same day.
2. The court has also perused the replying affidavit of Samuel Muiri Kimani the Respondent, Moses Kamundi Njoroge the subchief of Muchata sublocation sworn on 29th September 2023.
3. The court has perused the lengthy history of this cause backed by several annexures from both sides.
4. I do not find it appropriate to determine this matter by way of affidavit evidence. Justice shall be served if the parties and their witnesses are granted an opportunity to testify in court and have their evidence tested by way of cross examination.
5. At the same time the annexures produced by the parties are such that they need to be tested by way of cross examination.
6. In the premises this court directs that:(a)The objection proceedings herein shall be determined by way of oral evidence.(b)The parties are hereby granted 30 days from the date herein to file witness statements and or further affidavits if any and serve each other.(c)The status quo on the ground be maintained pending the determination of the objection proceedings.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 24THDAY OF OCTOBER 2024. H K CHEMITEIJUDGE