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|Case Number:||Succession Cause 2473 of 1999|
|Parties:||In re Estate of Karasinka Ole Samuria alias Karazinga Samuria (Deceased)|
|Date Delivered:||22 Oct 2020|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Citation:||In re Estate of Karasinka Ole Samuria (Deceased)  eKLR|
|Case Outcome:||Application succeeded|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2473 OF 1999
IN THE MATTER OF THE ESTATE OF KARASINKA OLE SAMURIA Alias KARAZINGA SAMURIA (DECEASED)
SIMON KISHANTO KUDATE..............................PETITIONER
KIPAILOI OLE MUNKA.......................................…OBJECTOR
R U L I N G
1. The application subject of this ruling is dated the 3rd of May 2020 and seeks to revoke the grant herein on grounds that the same has become useless due to subsequent circumstances.
2. The applicant states that unaware of the existence of this cause he petitioned yet for another grant in Narok C.M. Succession Cause No. 66 of 2016 which grant was issued and confirmed.
3. That in CMS.C No. 66 of 2016 the Petitioner herein filed an objection to the said grant, a ruling was given and the petitioner herein being dissatisfied with the said ruling preferred an appeal in the High Court sitting in Narok in High Court Succession Cause No. 1 of 2018.
4. This application is objected to by the Petitioner herein Simon Kishanto Kudate in his lengthy affidavit dated 14th November, 2019 wherein he explains the degree of consanguinity of each one of them with the deceased, the reasons why this matter delayed. Further he accuses the applicant herein of obtaining his grant in the lower court fraudulently and for being an opportunist.
5. Clearly the subject matter before this court, C.M. Succession Cause No. 66 of 2016 and Narok High Court Succession Cause No. 01 of 2018 is the same. Both parties are the same. Equally the Chief Magistrate’s court in CMSC No. 66 of 2016 made a final decision which is now subject of an appeal.
6. Therefore the doctrine of resjudicata comes into play. A matter cannot be determined twice and this cause therefore must be terminated.
7. The Petitioner’s recourse now lies in the appeal in the Narok High Court case.
8. As a point of reference this file will be transferred to the Narok High Court Succession Cause No. 1 of 2018.
9. The application succeeds with no orders as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 22ND DAY OF OCTOBER, 2020.