[2025] KEHC 3301 (KLR)
The court determined that the factual disputes raised in the affidavits, particularly concerning the deceased's intentions and the division of the estate, cannot be resolved solely on the basis of written affidavits. To ensure a fair and thorough determination, the court directed that the objection proceedings be...
Source-derived case information.
- Citation
- [2025] KEHC 3301 (KLR)
- Parties
- Applicant: Samuel Karanja Kinuthia; Applicant: Stephen Kongo Kinuthia; Respondent: Jackson Muigai Mungai; Respondent: Edith Muthoni Muigai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 48 of 2013
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Objection proceedings to be determined by viva voce evidence; directions issued for filing of witness statements or affidavits; costs reserved.
- Judges
- HK Chemitei
- Legal Topics
- Grant Revocation, Estate Administration, Oral Evidence, Objection Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Karanja Kinuthia
Applicant
Stephen Kongo Kinuthia
Applicant
Jackson Muigai Mungai
Respondent
Edith Muthoni Muigai
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the grant issued to the respondents should be revoked as sought by the applicants.
- 2 Whether the factual disputes regarding the deceased's wishes and estate division can be resolved on affidavit evidence alone.
Ratio Decidendi
The court determined that the factual disputes raised in the affidavits, particularly concerning the deceased's intentions and the division of the estate, cannot be resolved solely on the basis of written affidavits. To ensure a fair and thorough determination, the court directed that the objection proceedings be heard by way of viva voce (oral) evidence, allowing for cross-examination and proper testing of the parties' claims. The court further granted leave to the parties to file and serve witness statements or additional affidavits within 30 days, and deferred the issue of costs until the final outcome of the cause.
Court Disposition
Objection proceedings to be determined by viva voce evidence; directions issued for filing of witness statements or affidavits; costs reserved.
Orders
- Objection proceedings shall be determined by way of viva voce evidence.
- Parties are granted leave to file and serve witness statements or affidavits within 30 days from the date of the directions.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of the Late Mungai Muigai (Deceased) (Succession Cause 48 of 2013) [2025] KEHC 3301 (KLR) (Family) (20 March 2025) (Directions)
Neutral citation: [2025] KEHC 3301 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 48 of 2013
HK Chemitei, J
March 20, 2025
Between
Samuel Karanja Kinuthia
1st Applicant
Stephen Kongo Kinuthia
2nd Applicant
and
Jackson Muigai Mungai
1st Respondent
Edith Muthoni Muigai
2nd Respondent
Directions
1. The court has perused the application dated 22nd June 2022 by the applicants seeking among others to revoke the grant issued to the respondents and confirmed on 23rd February 2015. They also seek to issue orders restricting any action in the estates shares and properties.
2. The respondents have filed several affidavits indicating their objection and that the applicants have no right to have the grant revoked.
3. I have perused the said affidavits and they raise factual issues. For example, they argue that there was a meeting that took place on 17th October 1992 and there are minutes to that effect. The said minutes indicates how the deceased desired the estate to be divided.
4. These and many other factual issues cannot be determined by way of affidavits alone. There ought to be oral evidence so that the same can be tested by way of cross examination.
5. In the premises I direct that:-(a)The objection proceedings be determined by way of viva voce evidence.(b)The parties are hereby granted leave to file and serve each other with witness statements or affidavits if any within 30 days from the date herein.(c)Costs shall await the outcome of the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 20TH DAY OF MARCH 2025. H K CHEMITEIJUDGE