Abija Wanjue Mbogo v Njeru Nyaga [2015] KEHC 1380 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA  AT EMBU

SUCCESSION CAUSE NO. 211 OF 2009

IN THE MATTER OF THE ESTATE OF KAMAU GIKURI (DECEASED)

ABIJA WANJUE MBOGO................................................................................................APPLICANT

VERSUS

NJERU NYAGA..............................................................................................................RESPONDENT

RULING

Introduction:

I Have perused the affidavits filed in this application.  They raise issues that may be only be resolved by oral evidence.  This is also clear from the submissions of the parties made in this court on 16th September, 2015.  In those submissions, the parties took conflicting positions in respect of the subject matter in issue.

In the circumstances, I direct that the case proceeds to hearing and that oral evidence be produced.  And for that reason, hearing of the case should be on 5th November, 2015.

RULING DATED, SIGNEDand DELIVERED in open court at EMBU this.. 5th  .. day of OCTOBER .2015.

In the presence of applicant and in the absence of the respondent.

Court clerk Mr Njue.

J. M. BWONWONGA

JUDGE

05. 10. 15.