[2014] KEHC 1399 (KLR)
The court found that the applicant failed to provide sufficient grounds for review, quashing, setting aside, or revocation of the orders made on 30th July 1999. The affidavits in support of the application did not establish that the respondent was not entitled to a share in the estate or that the previous orders...
Source-derived case information.
- Citation
- [2014] KEHC 1399 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Separation Cause 554 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Prior Orders
- Outcome
- application dismissed with costs
- Judges
- DN Musyoka
- Legal Topics
- Succession, Review of Orders, Entitlement to Estate, False Affidavits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Prior Orders
Legal Issues
- 1 Whether the respondent is entitled to a share in the estate as a widow of the deceased.
- 2 Whether the orders made on 30th July 1999 should be reviewed, quashed, set aside, or revoked on grounds of alleged false affidavits.
Ratio Decidendi
The court found that the applicant failed to provide sufficient grounds for review, quashing, setting aside, or revocation of the orders made on 30th July 1999. The affidavits in support of the application did not establish that the respondent was not entitled to a share in the estate or that the previous orders were obtained through false affidavits. The appropriate remedy for dissatisfaction with the merits of the decision would have been an appeal to the Court of Appeal, not a review application. Consequently, the application was found to be unmerited and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 14th April 2014 is dismissed with costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 554 OF 1998
IN THE MATTER OF THE ESTATE OF JOHN PETER KEGURO – (DECEASED)
RULING
1. The summons dated 14th April 2014 seeks review of orders by Etyang J. on 30th July 1999 and for orders to restrain the respondent from interfering with the estate of the deceased.
2. The applicant’s case is that the respondent is not entitled to a share in the estate of the deceased as she was not a widow of the deceased. She asserts that the court relied on false affidavits in coming to its verdict of 30th July 1999.
3. The respondent has replied to the application. She states that there is no proof that the affidavit’s sworn in support of the application which culminated in the orders of 30th July 1999 were false.
4. The application was argued orally on 27th May 2014. The applicant being unrepresented stated her case, while Miss. Omwakwe replied for the respondent. They reiterates the facts set out in the affidavits filed in the application and restated their respective arguments.
5. The applicant asks me to review or quash or set aside or revoke the orders made on 30th July 1999. I have carefully considered the averments made in the affidavit in support of the application. They do not at all make a case for either the review or quashing, setting aside or revocation of the orders of 30th July 1999. If the applicant was dissatisfied in that decision on its merits she ought to have moved the Court of Appeal on appeal against it.
6. The application dated 14th April 2014 is unmerited and I hereby dismiss the same with costs.
DATED, SIGNED and DELIVERED at NAIROBI this 28TH DAY OF NOVEMBER 2014.
W. MUSYOKA
JUDGE