[2025] KEHC 6823 (KLR)
The court found that the application for reconstruction of the lost court file was unopposed, and that the interests of justice required that the file be reconstructed to allow the matter to proceed. The absence of opposition and the applicant's demonstration of diligent search and possible fraud justified granting...
Source-derived case information.
- Citation
- [2025] KEHC 6823 (KLR)
- Parties
- Applicant: Amina Obo Athman; Applicant: Mohamed Bwana Obo Athman; Respondent: Director of Registration of Death; Respondent: The Hon Attorney General; Applicant: Mashashi Kitano
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E001 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Reconstruction of Lost Court File
- Outcome
- Application allowed as prayed. No order as to costs.
- Judges
- G Mutai
- Legal Topics
- Reconstruction of Court File, Lost Court Records, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amina Obo Athman
Applicant
Mohamed Bwana Obo Athman
Applicant
Director of Registration of Death
Respondent
The Hon Attorney General
Respondent
Mashashi Kitano
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Reconstruction of Lost Court File
Legal Issues
- 1 Whether the applicant is entitled to an order for reconstruction of the lost court file in Miscellaneous Application No. 10 of 2010 (OS).
- 2 Whether the application should be granted as unopposed.
Ratio Decidendi
The court found that the application for reconstruction of the lost court file was unopposed, and that the interests of justice required that the file be reconstructed to allow the matter to proceed. The absence of opposition and the applicant's demonstration of diligent search and possible fraud justified granting the orders sought. The court exercised its inherent jurisdiction to facilitate the fair administration of justice and prevent prejudice to the applicant due to the missing file.
Court Disposition
Application allowed as prayed. No order as to costs.
Orders
- Leave is granted to reconstruct the court file in Miscellaneous Application No. 10 of 2010 (OS); In the Matter of Mashashi Kitano (Presumed Deceased).
- The reconstructed file shall be kept in safe custody in the Court Registry.
Full Case Text
Judgment text and source record
28 paragraphs
Athman & another v Director of Registration of Death & another; Mashashi Kitano (Applicant) (Miscellaneous Application E001 of 2025) [2025] KEHC 6823 (KLR) (16 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6823 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application E001 of 2025
G Mutai, J
May 16, 2025
Between
Amina Obo Athman
1st Petitioner
Mohamed Bwana Obo Athman
2nd Petitioner
and
Director of Registration of Death
1st Respondent
The Hon Attorney General
2nd Respondent
and
Mashashi Kitano
Applicant
Ruling
1. The notice of motion application before me is dated 8th January 2025. Vide the said application, the applicant seeks leave to reconstruct the court file in Miscellaneous Application No. 10 of 2010 (OS); In the Matter of Mashashi Kitano (Presumed Deceased), for the reconstructed file to be kept in safe custody in the Court Registry and for a hearing date to issue.
2. The applicant averred that he searched for the Court file in respect of Miscellaneous Application No. 10 of 2010 (OS) but that it could not be traced. The applicant’s counsel, in an affidavit sworn on 8th January 2025, alleged that there was fraud. He prayed that the application be allowed as prayed.
3. Despite being served with the said application, counsel for the petitioners and the respondents did not appear or file any documents in response. The application is therefore unopposed.
4. In the interest of justice, and as the same is unopposed, I allow the application dated 8th January 2025 as prayed.
5. I make no orders as to costs.
6. It is so ordered.
DATED AND SIGNED IN MOMBASA THIS 16TH DAY OF MAY 2025. DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS.GREGORY MUTAIJUDGEIn the presence of:-Mr Maina, for the Applicant;Mr Omwancha, for the Petitioners;No appearance for the Respondents; andArthur – Court Assistant.