[2004] KEHC 2443 (KLR)

[2004] KEHC 2443 (KLR)

The court found that since the respondent.s application to set aside the award had been dismissed and there was nothing pending in the suit, it was reasonable to allow the applicant.s application as prayed. The absence of any pending matters justified granting the orders sought by the applicant.

Source-derived case information.

Citation
[2004] KEHC 2443 (KLR)
Parties
Applicant: Simion Mokaya Asanyo; Respondent: Billiah Kwamboka Misati
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
? 100 of ??
Procedural Posture
Succession Cause / Ruling
Outcome
application allowed as prayed
Legal Topics
Succession, Probate and Administration, Setting Aside Award
Source Language
en
Family and Children Succession Probate and Administration Setting Aside Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simion Mokaya Asanyo

Applicant

Billiah Kwamboka Misati

Respondent

Procedural Posture

Succession Cause / Ruling

Legal Issues

  1. 1 Whether the application to allow the petitioner.s prayers should be granted in light of the dismissal of the respondent.s application to set aside the award.

Ratio Decidendi

The court found that since the respondent.s application to set aside the award had been dismissed and there was nothing pending in the suit, it was reasonable to allow the applicant.s application as prayed. The absence of any pending matters justified granting the orders sought by the applicant.

Court Disposition

application allowed as prayed

Orders

  • The application is allowed as prayed.