[2010] KEHC 2010 (KLR)
The court found that a grant had already been issued in respect of the estate of Johnstone Khisa Kiloli by Mbogholi – J on 28/1/2009. Therefore, the current application was a duplication of the process and amounted to an abuse of the court's process. The court directed that the application should be withdrawn by the...
Source-derived case information.
- Citation
- [2010] KEHC 2010 (KLR)
- Parties
- Petitioner: Kesha Nasike Musungu; Petitioner: Mary Nanjala Lusano
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 35 of 2010
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection/application
- Outcome
- Application to be withdrawn by applicant by 3/6/2010 or preliminary objection to be argued.
- Legal Topics
- Probate and Administration, Grant Duplication, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kesha Nasike Musungu
Petitioner
Mary Nanjala Lusano
Petitioner
Procedural Posture
Succession Cause / Ruling on Preliminary Objection/application
Legal Issues
- 1 Whether the current application constitutes a duplication of the grant process.
- 2 Whether the application amounts to an abuse of the court process.
Ratio Decidendi
The court found that a grant had already been issued in respect of the estate of Johnstone Khisa Kiloli by Mbogholi – J on 28/1/2009. Therefore, the current application was a duplication of the process and amounted to an abuse of the court's process. The court directed that the application should be withdrawn by the applicant by 3/6/2010, failing which the respondent would be allowed to argue the preliminary objection. The respondent was also directed to serve the relevant advocate with notice for the hearing.
Court Disposition
Application to be withdrawn by applicant by 3/6/2010 or preliminary objection to be argued.
Orders
- The application dated __MISSING__ should be withdrawn by the applicant by 3/6/2010.
- If not withdrawn, the respondent to argue the notice of preliminary objection on 3/6/2010.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE
Succession Cause 35 of 2010
IN THE MATTER OF THE ESTATE OF JOHNSTONE KHISA KILOLI
(DECEASED)
AND
KESHA NASIKE MUSUNGU MARY NANJALA LUSANO..........................................PETITIONER.
R U L I N G.
There is no doubt from annexture JKKVI that a grant was issued by Mbogholi – J on 28/1/2009. According this is a duplication of the process hence an abuse of the process, of this court.
This application dated should be withdrawn by the applicant by 3/6/2010. If not the respondent to argue his notice of preliminary objection on 3/6/2010. The respondent to serve the firm of Mwangi Wahome advocate with notice for hearing on 3/6/2010.
Dated and delivered at Kitale this 6th day of May, 2010.
N.R.O. OMBIJA.
JUDGE.