Case Metadata |
|
| Case Number: | Misc Civ Appli 6 of 1999 |
|---|---|
| Parties: | JAHENDA NAJORI v FAMINIS MUSIMBI GANIRA |
| Date Delivered: | 15 Jun 2006 |
| Case Class: | Civil |
| Court: | High Court at Kakamega |
| Case Action: | |
| Judge(s): | George Benedict Maina Kariuki |
| Citation: | JAHENDA NAJORI v FAMINIS MUSIMBI GANIRA [2006] eKLR |
| Advocates: | Mr. Samba for the objector |
| Advocates: | Mr. Samba for the objector |
| Case Summary: | [Ruling] – SUCCESSION – probate and administration – application by objector to confirm grant of letters of administration – effect of – factors the court considers in such applications – validity of order |
| 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 KAKAMEGA
Misc Civ Appli 6 of 1999
JAHENDA NAJORI ............................................................................................................PETITIONER
V E R S U S
FAMINIS MUSIMBI GANIRA .......................................................................................RESPONDENT
R U L I N G
By his application dated 2-11-01 Famines Musimbi Ganira, the Objector/Applicant, sought orders that the Grant of Administration Intestate made on 22-3-99 to Nora Jahenda Najori, and the said applicant be confirmed. On 3-12-2002, the Court (Honourable Mr. Justice Waweru) gave directions that “the application be heard and determined upon oral and documentary evidence to be adduced and the principal parties as well as any beneficiary and interested parties be at liberty to lead and call evidence. The affidavits filed were to constitute pleadings of the respective parties.”
When the course came up for hearing on 12-6-2006, no evidence was adduced. The Objector through her counsel, Mr. Samba, prayed that the Grant be confirmed.
On the basis of the pleadings alone even if they be in the nature of affidavits and in absence of evidence, it is not possible for the court to confirm the Grant. Accordingly, the court declines to grant the order for the confirmation of the Grant.
Delivered, dated and signed at Kakamega this 15th day of June, 2006.
G. B. M. KARIUKI
J U D G E
Please Wait. Searching ...