Judgment[1984] KECA 44
Case law
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Division and case type: CivilCivil Appeal
…Mr Khanna, on the basis of Re Crowhurst park, Sims-Hilditch v Simmons [1974] 1 AER 991, submitted that an appointment under rule 96 could only be made where a full grant of probate or letter of administration had been made…
…However, we do not think that the appointment of a person “ad colligenda bona” can possibly include the right to stand in the shoes of the deceased for the purpose of instituting an action, or, indeed, an appeal, especially…
Division and case type: CivilCivil Appeal
…He invited our attention to the Kenya case of Cruisair Ltd v CMC Aviation Ltd (No2) [1978] KLR 131, in which the petition was advertised before it was served on the company and which led to the appointment of receivers and…
…Until January 1983, every petition had to be advertised at least seven days before the hearing otherwise the appointment for hearing would be cancelled unless the petitioner or his advocate appeared before the registrar to…
Division and case type: CivilCivil Appeal
…Prior to that appointment, the deceased had served for many years as the Director of the City Inspectorate with the Nairobi City Council.…
…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.…