Case law
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Division and case type: High Court DivCivil Appeal
…Section 47 and 50[1] of the Law of Succession Act and Rules 49 and 73 of the Probate and Administration Rules were invoked in bringing this application which was canvassed by written submissions filed herein by both parties…
…Whereas Section 47 of the Act gives this court the mandate to consider and determine the application, Section 50[1] provides for appeals to this court respecting any order or decree made by the magistrate’s court. 4.…
Division and case type: High Court DivCivil Appeal
…That the orders sought can be granted under section 47 of the Law of Succession Act. Further reliance was placed on the case of In Re Zipporah Njeri Mwaura (deceased) (2020) eKLR.…
…Section 47 of the Law of Succession Act, sets out the jurisdiction of the High Court in Probate and Administration matters.…
Division and case type: High Court DivCivil Appeal
…The court then falls back on the provisions of Section 47 of the Law of Succession Act, and Rule 73 of the Probate and administration Rules which provide that; Section 47 of the succession Act, Cap 160 , which provides that…
Division and case type: High Court CivilCivil Appeal
…The purport of section 47 aforesaid is that the fact of conviction is a conclusive proof that such a person was convicted and that fact cannot be challenged.…
…However, I agree with the Appellant that in Robinson v Oluoch (supra) the court also stated that section 47 does not preclude a person ‘who has been convicted of an offence involving negligence, in relation to a particular…
Division and case type: High Court DivCivil Appeal
…1). 47.…
…Section 47 of the Law of Succession Act confers jurisdiction upon the court to entertain applications and determine disputes under the Act and to pronounce such decrees and make such orders as may be expedient. 94.…
Division and case type: High Court DivCivil Appeal
…in relation to intestate and testamentary succession and the administration of estates of deceased person shall be those existing and in force immediately prior to the coming into operation of these Rules.” [5] Moreover, Section…
…47 of the Law of Succession Act provides that: “The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The meaning of section 47 aforesaid is that the fact of conviction is a conclusive proof that such a person was convicted and that fact cannot be challenged.…
…What section 47 does is to make it impossible to hold that the person convicted was not negligent at all for the conviction is conclusive evidence that he was, i.e. the court can find that his blameworthiness was small enough…
Division and case type: High Court DivCivil Appeal
…On the law, the appellant relied on section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules, submitting that this court has inherent jurisdiction to preserve the estate and make such orders…
…The jurisdiction of this court in succession matters is donated by section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules, which preserve the court's inherent power to make such orders…
Division and case type: High Court CivilCivil Appeal
…The applicant submitted that under Section 47 of the Law of Succession Act read together with Rule 73 of the Probate and Administration Rules, the Court is clothed with inherent power to make orders necessary for the ends…
Division and case type: High Court CivilCivil Appeal
…Indeed Section 47 of the said Act gives the Court jurisdiction to entertain any application and determine any dispute under the Act and to pronounce such decree and orders as may be expedient.…
…In other words, we are of the same view that Section 47 of the Act gives the Court all-embracing powers to make necessary orders, including injunctions where appropriate to safeguard the deceased’s estate.…
Division and case type: High Court DivCivil Appeal
…Section 47 of the Law of Succession Act grants this court wide jurisdiction to determine disputes relating to estates of deceased persons and to make appropriate orders to ensure that the ends of justice are met. 24.…
Division and case type: High Court DivCivil Appeal
…The appeal herein has been determined and the issue subsequently raised in this application can be determined based on section 47 of the succession Act, Cap 160 , which provides that; “The high court shall have jurisdiction…
Division and case type: High Court DivCivil Appeal
…The Appellant’s counsel has in the submissions gone ahead to cite Article 159(2) of the Constitution, Section 47 of the Law of Succession Act and Rule 73 of the Law of Succession Regulations.…
…It is to be noted that in all these decisions, the applications had been brought pursuant to Section 47 and 76 of the Law of Succession Ac and Section 44(1). 49, 63(2) and 73 of the probate and Administration Rules unlike…
Division and case type: High Court DivCivil Appeal
…The Appellant’s counsel has in the submissions gone ahead to cite Article 159(2) of the Constitution, Section 47 of the Law of Succession Act and Rule 73 of the Law of Succession Regulations.…
…It is to be noted that in all these decisions, the applications had been brought pursuant to Section 47 and 76 of the Law of Succession Ac and Section 44(1). 49, 63(2) and 73 of the probate and Administration Rules unlike…
Division and case type: High Court DivCivil Appeal
…I did not see any response to the application – but on 23/6/2023 – there is another Notice of Motion under order 24 Rules 4 and 7 of the Civil Procedure Rules and section 47 of the Law of Succession Act (LOSA), rule 73 of…
Division and case type: High Court DivCivil Appeal
…Section 47 of the law of Succession Act and Rule 73 of the Probate & Administration Rules give the High Court discretion to determine any matter before it in the interest of justice.…
Division and case type: High Court DivCivil Appeal
…The application was expressed under the Civil Procedure Act and Rules, notwithstanding the existence of specific provisions governing interlocutory relief in succession causes under Section 47 of the Law of succession Act…
Division and case type: High Court DivCivil Appeal
…Section 47 of the Law of Succession Act vests courts with wide discretion in granting orders for purposes of safeguarding the estate of a Deceased person as follows:- “The High Court shall have jurisdiction to entertain any…
…It is only the High Court which has wide powers under Section 47 of the law of succession Act (Supra) which has wide powers to issue orders as may be expedient 42.…
Division and case type: High Court DivCivil Appeal
…Chemwolo's conviction because section 47 A of the Evidence Act (Cap 80) declare that where a final judgment of a competent court in criminal proceedings has been declared any person to be guilty of a criminal offence, after…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That Tribunal is the Retirement Benefits Appeals Tribunal established under Section 47 of the RBA. The statutory scheme therefore places such disputes within a specialized dispute-resolution mechanism.…