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…In his evidence in Cross examination, Mr.…

…The trial Judge preferred the evidence of those who saw the testator to the evidence of Dr. Ahluwalia. The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence.…

…, affidavit evidence and submissions.…

…At the hearing of this application the objector presented his oral evidence and concluded. The matter was adjourned for the petitioners to record their oral evidence.…

…The learned Resident Magistrate after finding in evidence that the Appellant was like a mother inlaw or aunt in-law to the deceased and hence in reality like a parent, he nevertheless found that a cousin to the deceased who…

…The learned Resident Magistrate made an erroneous finding of fact in concluding that the fencing of the suit land by the deceased with assistance by the respondent was evidence that the land had been gifted to the respondent…

…In an application for review under Order 44, rule 1, which this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge…

…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…

…A further submission was to the effect that there was no evidence to show that the deceased owned property jointly with his brother, Kimani Njuguna.…

…When I considered all this evidence, I came to the conclusion that the mode of distribution of the assets of the deceased in this Succession Cause was flawed!…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…