Case ID:181523

In re Estate of Johnstone Handa Mutsembi (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 336 of 2008

Parties:

In re Estate of Johnstone Handa Mutsembi alias Johnstone Handa (Deceased)

Date Delivered:

17 Sep 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

In re Estate of Johnstone Handa Mutsembi (Deceased) [2021] eKLR

Court Division:

Family

County:

Kakamega

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

SUCCESSION CAUSE NO. 336 OF 2008

IN THE MATTER OF THE ESTATE OF JOHNSTONE

HANDA MUTSEMBI alias JOHNSTONE HANDA (DECEASED)

RULING

1. The application for determination is the summons dated 27

th

July 2020. It is purportedly founded on an affidavit of one Adda Ndakala Handa, yet the said Adda Ndakala Handa has not signed the affidavit, and the same is not commissioned. Consequently, the application is not supported by any evidence, as the purported affidavit is not an affidavit at all.

2. A review application turns on whether there is an error apparent on the face of the record, or discovery of new important evidence, or other sufficient reason. Evidence is critical to demonstrate the error apparent on the face of the record, or the new material discovered, or the other sufficient reason that warrants the review sought. Without evidence, a review application cannot stand.

3. There is no valid application before me, to be determined. Consequently, I hereby strike out the purported summons dated 27

th

July 2020.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17

th

DAY OF

SEPTEMBER, 2021

W MUSYOKA

JUDGE