[2017] KEHC 3601 (KLR)
The court held that the question of the authenticity of the marriage certificate can only be determined at the conclusion of the case, after all parties have presented their evidence. The objection to the production of the marriage certificate at this interlocutory stage was therefore overruled, and the matter will...
Source-derived case information.
- Citation
- [2017] KEHC 3601 (KLR)
- Parties
- Respondent: Stewart Jalang’o; Applicant: George Okoth Odongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1349 of 2013
- Procedural Posture
- Succession Cause / Interlocutory Ruling on Objection Regarding Authenticity of Marriage Certificate
- Outcome
- Objection overruled; matter to proceed to full hearing.
- Judges
- TW Cherere
- Legal Topics
- Succession Proceedings, Probate and Administration, Marriage Certificate Authenticity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stewart Jalang’o
Respondent
George Okoth Odongo
Applicant
Procedural Posture
Succession Cause / Interlocutory Ruling on Objection Regarding Authenticity of Marriage Certificate
Legal Issues
- 1 Whether the marriage certificate in the names of Edwin Okelo and Rosa Otieno is authentic and admissible as evidence in the succession proceedings.
Ratio Decidendi
The court held that the question of the authenticity of the marriage certificate can only be determined at the conclusion of the case, after all parties have presented their evidence. The objection to the production of the marriage certificate at this interlocutory stage was therefore overruled, and the matter will proceed to full hearing where the evidence regarding the certificate's authenticity will be considered.
Court Disposition
Objection overruled; matter to proceed to full hearing.
Orders
- The objection to the production of the marriage certificate is overruled.
- The authenticity of the marriage certificate will be determined at the conclusion of the case after parties have tendered their evidence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
SUCCESSION CAUSE NO. 1349 OF 2013
IN THE MATTER OF THE ESTATE OF EDWIN OKELO AGOT OKETCH
BETWEEN
STEWART JALANG’O.........................................PETITIONER/RESPONDENT
AND
GEORGE OKOTH ODONGO......................................OBJECTOR/APPLICANT
I have considered rival submissions relating to production of a marriage certificate in the names of Edwin Okelo and Rosa Otieno made by Mr. Odongo learned counsel for the petitioner and Mr. Anyul learned for the objector. I find that a decision as to whether the marriage certificate is authentic can only be determined at the conclusion of this case after the parties have tendered their evidence in respect thereof.
The objection by Mr. Odongo is therefore overruled.
DATED AND DELIVERED THIS 27th DAY OF July 2017
T. WANJIKU CHERERE
JUDGE
Read in open court in the presence of-
Court Clerk
Applicants
Respondent