In re Estate of Kimachia Gituanja (Deceased) [2015] KEHC 463 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 206 OF 1994

IN THE MATTER OF THE ESTATE OF KIMACHIA GITUANJA (DECEASED)

RULING

In the course of preparing judgment in respect of the application dated 27th November 2007, I have noted that the parties hereto have made extensive reference to proceedings that were conducted in Kikuyu RMCSC No. 46 of 1981, whose outcome appears to me to be relevant to the current proceedings.

The court file in Kikuyu CMCSC No. 46 of 1981 has not been placed in the file before me.

Consequently, I am unable to prepare the judgment herein.

I therefore hereby direct the Deputy Registrar to accordingly call for and have put in this file the court file in respect of Kikuyu DMCSC No. 46 of 1981.

DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.

W. MUSYOKA

JUDGE