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…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…

…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…

…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…

…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…

…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…

…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…

…expenses for the same”(emphasis mine). 15.As the Bank had already released the title deed to the borrower, it is only the deceased’s advocate who could prepare the discharge of charge and forward the same to the Bank for execution…

…On the second ingredient the intention to kill could have been formed in the cause of the execution evidenced by weapons used.…

…There was no common intention formed either before or in the cause of execution of the alleged transaction. 2.…

…S 72 (1) of the Constitution says:- “No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases- (a) In execution of the sentence or order of a court ... in respect…

…require Pounds 5000 to be paid now and I look forward to receiving this amount within the next few days, and the balance together with the disbursements or stamp duty etc should be paid when the documentation is ready for execution…

…every day during which the contravention continues. (2) The medical officer of health may in such case enter the premises to which any such order relates, and remove the nuisance and do whatever may be necessary in the execution…