[2024] KEHC 11759 (KLR)

[2024] KEHC 11759 (KLR)

The court held that, despite previous rulings and clear orders requiring disclosure of the survivors of the deceased's dead daughters, there has been no compliance. The court is therefore unable to proceed to determine the confirmation application until there is full compliance with its orders. The matter is...

Source-derived case information.

Citation
[2024] KEHC 11759 (KLR)
Parties
Applicant: Zakayo Murwayi Awori (Deceased); Applicant: Marisio Luchivya & Company; Respondent: Maloba & Company
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Succession Cause 20 of 2015
Procedural Posture
Succession Cause / Ruling on Compliance With Disclosure Orders Prior to Confirmation of Grant
Outcome
Adjourned for mention pending compliance with disclosure orders.
Judges
WM Musyoka
Legal Topics
Succession, Confirmation of Grant, Disclosure of Beneficiaries
Source Language
en
Family and Children Succession Confirmation of Grant Disclosure of Beneficiaries

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zakayo Murwayi Awori (Deceased)

Applicant

Marisio Luchivya & Company

Applicant

Maloba & Company

Respondent

Procedural Posture

Succession Cause / Ruling on Compliance With Disclosure Orders Prior to Confirmation of Grant

Legal Issues

  1. 1 Whether the parties have complied with previous court orders to disclose the survivors of the deceased's dead daughters.
  2. 2 Whether the court can proceed to determine the confirmation application in the absence of full disclosure.

Ratio Decidendi

The court held that, despite previous rulings and clear orders requiring disclosure of the survivors of the deceased's dead daughters, there has been no compliance. The court is therefore unable to proceed to determine the confirmation application until there is full compliance with its orders. The matter is adjourned for mention to allow parties to comply with the disclosure requirements, as full disclosure of all beneficiaries is a mandatory prerequisite for confirmation of grant under the Law of Succession Act.

Court Disposition

Adjourned for mention pending compliance with disclosure orders.

Orders

  • The matter shall be mentioned on 25th November 2024.
  • Confirmation application is deferred until full compliance with disclosure orders.