In re Estate of Roger Bryan Robson (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Family Division
Category
Civil
Judge(s)
J. N. Onyiego
Judgment Date
September 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Roger Bryan Robson (Deceased) [2020] eKLR, highlighting key legal findings and implications for estate law.



Case Brief: In re Estate of Roger Bryan Robson (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Republic of Kenya v. Prover Haunt Limited & Agnes Kagure Kariuki
- Case Number: Succession Cause No. 955 of 2013
- Court: High Court of Kenya at Nairobi, Family Division
- Date Delivered: 29th September 2020
- Category of Law: Civil
- Judge(s): J. N. Onyiego
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the court should allow witnesses residing in the United Kingdom to testify via video conferencing, given their inability to travel to Kenya due to health concerns and the COVID-19 pandemic.

3. Facts of the Case:
The case involves a succession matter concerning the estate of Roger Bryan Robson, deceased. The Petitioner, Guy Spencer Elms, as the personal representative and executor, filed a Notice of Motion seeking court orders to allow three witnesses—Michael Fairfax Robson, Sean Battye, and Richard J. Brooks—to give their testimony through video link due to their inability to travel to Kenya. The first Objector, Prover Haunt Limited, and the second Objector, Agnes Kagure Kariuki, opposed the application, arguing that the reasons for non-attendance were insufficient and that the witnesses should appear in person for cross-examination.

4. Procedural History:
The application was filed on 9th October 2019 and included assertions of urgency due to the health issues of the witnesses and the challenges posed by the COVID-19 pandemic. The Objectors responded with affidavits contesting the claims of illness and the necessity of video conferencing. The hearing included oral submissions from both sides, wherein the Applicant emphasized the practicality of video conferencing, while the Objectors raised concerns about the reliability of such technology and the need for in-person testimony.

5. Analysis:
- Rules: The application was brought under Rule 73 of the Probate and Administration Rules, which allows the court to make necessary orders for justice. Although there was no specific provision for video conferencing in Kenyan law, the court referenced the overriding objectives of the Civil Procedure Act, Sections 1A and 1B, which promote just and efficient resolutions of disputes.
- Case Law: The court cited the case of *Kuguru Food Complex Ltd v. Mashreq Bank P.S.C (2019)*, where video conferencing was allowed to facilitate the expeditious resolution of a civil dispute. This precedent supported the notion that technology could serve as a viable means to ensure access to justice.
- Application: The court found that the reasons for the witnesses’ inability to attend in person were compelling, particularly in light of health risks associated with COVID-19. The court reasoned that video conferencing would not hinder the assessment of witness demeanor, as it allowed for face-to-face interaction. Furthermore, the court noted the efficiency and cost-effectiveness of this method, especially given the circumstances of the pandemic.

6. Conclusion:
The court ruled in favor of the Applicant, allowing the witnesses to testify via video conferencing. This decision underscored the importance of adapting judicial processes to contemporary challenges while ensuring that the ends of justice are met. The ruling also highlighted the increasing acceptance of technology in legal proceedings in Kenya.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was made by a single judge.

8. Summary:
The High Court of Kenya permitted the testimony of three key witnesses via video conferencing in a succession cause concerning the estate of Roger Bryan Robson. This decision reflects the court's adaptability in utilizing technology to facilitate justice amid the constraints posed by the COVID-19 pandemic. The ruling is significant as it sets a precedent for the use of video conferencing in Kenyan legal proceedings, promoting efficiency and accessibility in the justice system.

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