[2003] KEHC 867 (KLR)

[2003] KEHC 867 (KLR)

The court found that the application was reasonable, there was nothing pending in the suit, and the respondent's application to set aside the award had already been dismissed. On this basis, the court allowed the application as prayed, effectively concluding the matter in favor of the applicant.

Source-derived case information.

Citation
[2003] KEHC 867 (KLR)
Parties
Applicant: Simion Mokaya Asanyo; Respondent: Billiah Kwamboka Misati
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 1000 of 2000
Procedural Posture
Succession Cause / Ruling on Application to Allow the Suit as Prayed
Outcome
application allowed as prayed
Legal Topics
Succession, Grant of Letters of Administration, Setting Aside Award
Source Language
en
Family and Children Succession Grant of Letters of 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 on Application to Allow the Suit as Prayed

Legal Issues

  1. 1 Whether the application to allow the suit as prayed should be granted.
  2. 2 Whether there is any pending matter in the suit.
  3. 3 Whether the respondent's application to set aside the award was properly dismissed.

Ratio Decidendi

The court found that the application was reasonable, there was nothing pending in the suit, and the respondent's application to set aside the award had already been dismissed. On this basis, the court allowed the application as prayed, effectively concluding the matter in favor of the applicant.

Court Disposition

application allowed as prayed

Orders

  • The application is allowed as prayed.