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Muriithi V Mohammed (as The Executrix Of The Estate Of Hon. Daniel Toroitich Arap Moi) & Another (Petition 41 of 2018) [2022] KESC 9 (KLR) (9 May 2022) (Ruling)
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| Case Number: Petition 41 of 2018 |
Date Delivered: 09 May 2022 |
Judge: MK Koome, PM Mwilu, SC Wanjala, NS Ndungu, W Ouko
Court: Supreme Court of Kenya
Parties: Muriithi v Mohammed (as the executrix of the estate of Hon. Daniel Toroitich Arap Moi) & another
Advocates:
Citation: Muriithi v Mohammed (as the executrix of the estate of Hon. Daniel Toroitich Arap Moi) & another (Petition 41 of 2018) [2022] KESC 9 (KLR) (9 May 2022) (Ruling)
Effect of failure to identify the proper legal framework while moving the Supreme Court
Brief facts
The instant application sought substitution of the deceased petitioner (deceased) with the applicant as the legal representative of the deceaseds estate. The deceased passed away in June 2021 and had appointed the applicant as the sole executor of his written will hence in September 2021 the High Court issued a grant of probate in his favour being the legal representative of the deceaseds estate. The applicant claimed that he was the proper person in law to substitute the deceased in the instant proceedings and that the substitution was necessary to enable continuation of the petition of appeal to its conclusion.
Issues
What was the effect of failure to identify the proper legal framework while moving the Supreme Court?
Held
- The sources of law that governed proceedings before the court were; the Constitution of Kenya, 2010, the Supreme Court Act, the Supreme Court Rules and any Practice Directions made by the court or the Chief Justice. The instant motion was erroneously anchored on the Civil Procedure Rules which were not applicable to proceedings before the court. A court of law had to be moved under the correct provisions of the law; and the failure to identify the proper legal framework rendered a motion, such as the instant one liable to be struck out.
- The court in granting the deceased leave to file the appeal, not only certified but also framed two issues of general public importance arising from the appeal which warranted its consideration. The motion of substitution was lodged within 12 months of the deceaseds demise and the respondents had not filed any response to indicate whether an order of substitution would cause them any prejudice.
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In Re Estate Of Paul Mbugua Kibe (Deceased) (Succession Cause 2071 of 2020) [2022] KEHC 562 (KLR) (Family) (9 May 2022) (Ruling)
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| Case Number: Succession Cause 2071 of 2020 |
Date Delivered: 09 May 2022 |
Judge: AO Muchelule
Court: High Court at Nairobi (Milimani Law Courts)
Parties: In re estate of Paul Mbugua Kibe (Deceased)
Advocates:
Citation: In re estate of Paul Mbugua Kibe (Deceased) (Succession Cause 2071 of 2020) [2022] KEHC 562 (KLR) (Family) (9 May 2022) (Ruling)
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Okong’o Wandago & Company Advocates V South Nyanza Sugar Company Limited (Miscellaneous Civil Application E021 of 2021) [2022] KEHC 439 (KLR) (9 May 2022) (Judgment)
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| Case Number: Miscellaneous Civil Application E021 of 2021 |
Date Delivered: 09 May 2022 |
Judge: RPV Wendoh
Court: High Court at Migori
Parties: Okong’o Wandago & Company Advocates v South Nyanza Sugar Company Limited
Advocates:
Citation: Okong’o Wandago & Company Advocates v South Nyanza Sugar Company Limited (Miscellaneous Civil Application E021 of 2021) [2022] KEHC 439 (KLR) (9 May 2022) (Judgment)
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Njagi V Njagi (Environment And Land Appeal E011 of 2021) [2022] KEELC 68 (KLR) (9 May 2022) (Judgment)
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| Case Number: Environment and Land Appeal E011 of 2021 |
Date Delivered: 09 May 2022 |
Judge: CK Yano
Court: Environment and Land Court at Chuka
Parties: Njagi v Njagi
Advocates:
Citation: Njagi v Njagi (Environment and Land Appeal E011 of 2021) [2022] KEELC 68 (KLR) (9 May 2022) (Judgment)
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Okong'o Wandago & Company Advocates V South Nyanza Sugar Company Limited (Miscellaneous Civil Application E013A of 2021) [2022] KEHC 450 (KLR) (9 May 2022) (Judgment)
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| Case Number: Miscellaneous Civil Application E013A of 2021 |
Date Delivered: 09 May 2022 |
Judge: RPV Wendoh
Court: High Court at Migori
Parties: Okong'o Wandago & Company Advocates v South Nyanza Sugar Company Limited
Advocates:
Citation: Okong'o Wandago & Company Advocates v South Nyanza Sugar Company Limited (Miscellaneous Civil Application E013A of 2021) [2022] KEHC 450 (KLR) (9 May 2022) (Judgment)
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Ondoo V Ondoo (Succession Cause 610 of 2014) [2022] KEHC 451 (KLR) (9 May 2022) (Ruling)
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| Case Number: Succession Cause 610 of 2014 |
Date Delivered: 09 May 2022 |
Judge: FA Ochieng
Court: High Court at Kisumu
Parties: Ondoo v Ondoo
Advocates:
Citation: Ondoo v Ondoo (Succession Cause 610 of 2014) [2022] KEHC 451 (KLR) (9 May 2022) (Ruling)
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Kaitano V Western Mills Ltd (Cause 217 of 2017) [2022] KEELRC 13 (KLR) (9 May 2022) (Judgment)
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| Case Number: Cause 217 of 2017 |
Date Delivered: 09 May 2022 |
Judge: NJ Abuodha
Court:
Parties: Kaitano v Western Mills Ltd
Advocates:
Citation: Kaitano v Western Mills Ltd (Cause 217 of 2017) [2022] KEELRC 13 (KLR) (9 May 2022) (Judgment)
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Wafula V Gurdit Singh Shop (Cause 47 of 2018) [2022] KEELRC 15 (KLR) (9 May 2022) (Judgment)
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| Case Number: Cause 47 of 2018 |
Date Delivered: 09 May 2022 |
Judge: NJ Abuodha
Court:
Parties: Wafula v Gurdit Singh Shop
Advocates:
Citation: Wafula v Gurdit Singh Shop (Cause 47 of 2018) [2022] KEELRC 15 (KLR) (9 May 2022) (Judgment)
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Toroitich V Equity Bank (K) Ltd (Cause 177 of 2017) [2022] KEELRC 18 (KLR) (9 May 2022) (Judgment)
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| Case Number: Cause 177 of 2017 |
Date Delivered: 09 May 2022 |
Judge: NJ Abuodha
Court:
Parties: Toroitich v Equity Bank (K) Ltd
Advocates:
Citation: Toroitich v Equity Bank (K) Ltd (Cause 177 of 2017) [2022] KEELRC 18 (KLR) (9 May 2022) (Judgment)
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State V Anyama & 3 Others (Criminal Case E025 of 2021) [2022] KEHC 618 (KLR) (9 May 2022) (Ruling)
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| Case Number: Criminal Case E025 of 2021 |
Date Delivered: 09 May 2022 |
Judge: RE Aburili
Court: High Court at Siaya
Parties: State v Anyama & 3 others
Advocates:
Citation: State v Anyama & 3 others (Criminal Case E025 of 2021) [2022] KEHC 618 (KLR) (9 May 2022) (Ruling)
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