[2012] KEHC 4168 (KLR)

[2012] KEHC 4168 (KLR)

The court found that the ex parte proceedings of 24th April 2012 were irregular because the matter was listed for directions, not for hearing, and all relevant parties, including Ms. Betty Murungi, had not been properly served or given an opportunity to respond to the affidavits referencing her. The court held that in the interests of justice and fair hearing, the ex parte proceedings must be struck out and the matter should proceed by way of viva voce evidence, with all relevant parties properly served.

Citation
[2012] KEHC 4168 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 June 2012
Case Number
Succession Cause 2004 of 1998
Procedural Posture
Succession Cause / Ruling on Ex Parte Proceedings and Directions for Hearing
Outcome
Ex parte proceedings of 24th April 2012 struck out; directions issued for viva voce hearing with proper service to all relevant parties.
Judges
CN Mugo
Legal Topics
Succession Proceedings, Revocation of Grant, Viva Voce Evidence
Source Language
English
Family and Children Succession Proceedings Revocation of Grant Viva Voce Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Ex Parte Proceedings and Directions for Hearing

Legal Issues

  1. 1 Whether the summons for revocation dated 5th March 2012 was properly heard ex parte on 24th April 2012.
  2. 2 Whether viva voce evidence is necessary for the determination of the application.
  3. 3 Whether Ms. Betty Murungi, Advocate, should be served and given an opportunity to respond to depositions touching on her involvement.

Ratio Decidendi

The court found that the ex parte proceedings of 24th April 2012 were irregular because the matter was listed for directions, not for hearing, and all relevant parties, including Ms. Betty Murungi, had not been properly served or given an opportunity to respond to the affidavits referencing her. The court held that in the interests of justice and fair hearing, the ex parte proceedings must be struck out and the matter should proceed by way of viva voce evidence, with all relevant parties properly served.

Court Disposition

Ex parte proceedings of 24th April 2012 struck out; directions issued for viva voce hearing with proper service to all relevant parties.

Orders

  • The ex parte proceedings of 24th April 2012 are struck out.
  • The matter shall proceed by way of viva voce evidence on a date to be taken at the registry.