Judgment[1998] KEHC 41
Case law
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Division and case type: FamilySuccession Cause
…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.…
Division and case type: CivilCivil Appeal
…may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution…
Division and case type: CivilCivil Appeal
…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…
Division and case type: CivilCivil Appeal
…Sakina and Mustafa Kibet were dissatised with that decision and they appealed to this court, having in the meantime obtained an order of stay of execution under rule 5(2) (b) of the Court of Appeal Rules. 12.…
…S.2(1) of the Succession Act, Cap.160 denes and executor as follows: - Executor means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, conded.” 12.…