[2006] KEHC 1427 (KLR)
The court declined to confirm the Grant of Administration Intestate because no oral or documentary evidence was adduced at the hearing, despite prior directions that such evidence was necessary. The affidavits on record, even if treated as pleadings, were insufficient to satisfy the court as to the entitlement of...
Source-derived case information.
- Citation
- [2006] KEHC 1427 (KLR)
- Parties
- Petitioner: Jahenda Najori; Respondent: Faminis Musimbi Ganira
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- ? 6 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application for confirmation of grant declined
- Legal Topics
- Confirmation of Grant, Probate and Administration, Evidence Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jahenda Najori
Petitioner
Faminis Musimbi Ganira
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court can confirm a Grant of Administration Intestate in the absence of oral or documentary evidence.
- 2 Whether affidavits alone, without supporting evidence, are sufficient for confirmation of grant.
Ratio Decidendi
The court declined to confirm the Grant of Administration Intestate because no oral or documentary evidence was adduced at the hearing, despite prior directions that such evidence was necessary. The affidavits on record, even if treated as pleadings, were insufficient to satisfy the court as to the entitlement of the applicant or beneficiaries. The confirmation of a grant is a substantive step requiring evidentiary support, and in its absence, the court cannot lawfully grant the orders sought.
Court Disposition
application for confirmation of grant declined
Orders
- The order for confirmation of the Grant of Administration Intestate is declined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Misc Civ Appli 6 of 1999
JAHENDA NAJORI ............................................................................................................PETITIONER
V E R S U S
FAMINIS MUSIMBI GANIRA .......................................................................................RESPONDENT
R U L I N G
By his application dated 2-11-01 Famines Musimbi Ganira, the Objector/Applicant, sought orders that the Grant of Administration Intestate made on 22-3-99 to Nora Jahenda Najori, and the said applicant be confirmed. On 3-12-2002, the Court (Honourable Mr. Justice Waweru) gave directions that “the application be heard and determined upon oral and documentary evidence to be adduced and the principal parties as well as any beneficiary and interested parties be at liberty to lead and call evidence. The affidavits filed were to constitute pleadings of the respective parties.”
When the course came up for hearing on 12-6-2006, no evidence was adduced. The Objector through her counsel, Mr. Samba, prayed that the Grant be confirmed.
On the basis of the pleadings alone even if they be in the nature of affidavits and in absence of evidence, it is not possible for the court to confirm the Grant. Accordingly, the court declines to grant the order for the confirmation of the Grant.
Delivered, dated and signed at Kakamega this 15th day of June, 2006.
G. B. M. KARIUKI
J U D G E