[2013] KEHC 3643 (KLR)
The court held that it is unable to decide the preliminary objection to the summons for revocation because the relevant file and proceedings from Thika RMCSC No. 167 of 2001 have not been availed, despite several orders for its production. Without access to the necessary records, the court cannot properly adjudicate...
Source-derived case information.
- Citation
- [2013] KEHC 3643 (KLR)
- Parties
- Respondent: Administrators of the estate of Makumi Njoroge (Deceased); Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 172 of 2011
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection to Summons for Revocation
- Outcome
- No determination on the merits; direction issued for production of file.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Revocation of Grant, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the estate of Makumi Njoroge (Deceased)
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Ruling on Preliminary Objection to Summons for Revocation
Legal Issues
- 1 Whether the court can determine the preliminary objection to the summons for revocation without the file and proceedings from Thika RMCSC No. 167 of 2001.
Ratio Decidendi
The court held that it is unable to decide the preliminary objection to the summons for revocation because the relevant file and proceedings from Thika RMCSC No. 167 of 2001 have not been availed, despite several orders for its production. Without access to the necessary records, the court cannot properly adjudicate the issues raised. The Deputy Registrar is directed to ensure the file is produced by the Thika Chief Magistrate’s Court before any further determination can be made.
Court Disposition
No determination on the merits; direction issued for production of file.
Orders
- The Deputy Registrar is directed to cause the file in Thika RMCSC No. 167 of 2001 to be availed by the Thika Chief Magistrate’s Court.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Succession Cause 172 of 2011 [if gte mso 9]><xml>
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IN THE MATTER OF THE ESTATE OF MAKUMI NJOROGE (DECEASED)
RULING
The administrators of the estate of the deceased have raised an objection, through a notice dated 24th September 2012, to the Summons for Revocation dated 25th November 2011. I note that the Summons, and the preliminary objection raised to it, relate to proceedings that were conducted by the Thika magistrates court in Succession Cause No. 167 of 2001. The file in respect of the Thika matter has not been availed despite the court making several orders requiring its production. I find myself unable to decide the preliminary objection without having sight of the proceedings in Thika RMCSC No. 167 of 2001. I direct the Deputy Registrar to cause the said file to be availed by the Thika Chief Magistrate’s Court.
DATED, SIGNED and DELIVERED at NAIROBI this 29th DAY OF April, 2013.
W.M. Musyoka
Judge
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