In the Matter of the Estateof John Peter Keguro – (Deceased) [2014] KEHC 1399 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 554 OF 1998

IN THE MATTER OF THE ESTATE OF JOHN PETER KEGURO – (DECEASED)

RULING

1.  The summons dated 14th April 2014 seeks review of orders by Etyang J. on 30th July 1999 and for orders to restrain the respondent from interfering with the estate of the deceased.

2.  The applicant’s case is that the respondent is not entitled to a share in the estate of the deceased as she was not a widow of the deceased.  She asserts that the court relied on false affidavits in coming to its verdict of 30th July 1999.

3.  The respondent has replied to the application.  She states that there is no proof that the affidavit’s sworn in support of the application which culminated in the orders of 30th July 1999 were false.

4.  The application was argued orally on 27th May 2014.  The applicant being unrepresented stated her case, while Miss. Omwakwe replied for the respondent.  They reiterates the facts set out in the affidavits filed in the application and restated their respective arguments.

5.  The applicant asks me to review or quash or set aside or revoke the orders made on 30th July 1999.  I have carefully considered the averments made in the affidavit in support of the application.  They do not at all make a case for either the review or quashing, setting aside or revocation of the orders of 30th July 1999.  If the applicant was dissatisfied in that decision on its merits she ought to have moved the Court of Appeal on appeal against it.

6.  The application dated 14th April 2014 is unmerited and I hereby dismiss the same with costs.

DATED, SIGNED and DELIVERED at NAIROBI this 28TH  DAY OF NOVEMBER  2014.

W. MUSYOKA

JUDGE