All courts - 1963 June

3 judgments
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3 judgments
Citation
Judgment date
June 1963
Practice Parties—Joinder—Action for arrears of salary—Salary due from a firm-Action brought against one partner only—Whether other partner should be joined as co-defendant-Civil Procedure Ordinance, s. 97 (K.)—Partnership Ordinance (Cap. 29), s. 11 (K.)—Indian Contract Act, 1872, s. 43--- Partnership Act, 1890 (U.K.)—Kenya Order-in-Council, 1921, art. 4 (2)
19 June 1963
Probate and administration—Petition for grant of administration—De bonis non— Executor dead-Administration not completed—Petitioner an heir of an heir— Issue of notices of citation to interested persons—Issue as matter of course- Whether practice correct-Caveat lodged by interested person-Whether C caveat should be lodged—Whether claim of superior right can be asserted by lodging caveat—Indian Probate and Administration Act, 1881, s. 19, s. 20, s. 23, s. 46, s. 69 and s. 70
17 June 1963
Will Survivor-Life interest to wife and daughter—Gift over to four sons “or survivors or survivor of them”—Death of one son before daughter—Death of another son before mother—When gift vests in legatees—Proportion to which each legatėe entitled—Indian Succession Act, 1865, s. 106 and s. 112. Costs-Probate and administration-Construction of will—Appeal by executor- Whether executor liable to pay costs of appeal personally
5 June 1963