Judgment[2011] KEHC 236
Case law
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Division and case type: FamilySuccession Cause
…The learned Resident magistrate erred in law in treating the proceedings as testate instead of intestate without a change in the pleadings. 6.…
…The proceedings and the order confirming the grant are set aside. The Summons for Confirmation of Grant and the affidavit of Protest are restored.…
Division and case type: FamilySuccession Cause
…The proceedings to obtain the grant were defective in substance. b. The grant was obtained fraudulently by making of a false statement and by concealment from the court of something material to the case. c.…
…During the hearing at the adjourned date the petitioners’ Advocate applied for adjournment and application for adjournment was denied for reasons recorded elsewhere in these proceedings.…
Division and case type: FamilySuccession Cause
…the provisions of Rule 63 of the Probate and Administration Rules, which clearly states the following provisions of Civil Procedure Rules, namely Order V,X,XI,XV,XVII,XXV,XLIV, and XLIX shall apply for far as relevant to proceedings…