[2020] KEHC 3332 (KLR)
The court found that the application was urgent and merited, as the disappearance or misfiling of the original court file in a long-standing succession cause had caused undue delay in the administration of justice. The court held that opening a skeleton file would not prejudice the respondents and was necessary to...
Source-derived case information.
- Citation
- [2020] KEHC 3332 (KLR)
- Parties
- Applicant: Herbert Jumba Kavai; Respondent: Ebby Kanguha Kavai; Respondent: Rahel Lodenyi Adoga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 41 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Urgent Application for Opening of Skeleton File
- Outcome
- application allowed
- Legal Topics
- Court File Reconstruction, Succession Cause Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Herbert Jumba Kavai
Applicant
Ebby Kanguha Kavai
Respondent
Rahel Lodenyi Adoga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Urgent Application for Opening of Skeleton File
Legal Issues
- 1 Whether the court should certify the application as urgent and hear it during recess.
- 2 Whether the applicant is entitled to an order for opening a skeleton file due to the disappearance or misfiling of the original court file in Succession Cause No. 249 of 1992.
Ratio Decidendi
The court found that the application was urgent and merited, as the disappearance or misfiling of the original court file in a long-standing succession cause had caused undue delay in the administration of justice. The court held that opening a skeleton file would not prejudice the respondents and was necessary to enable the court to adjudicate the pending issues. The applicant was directed to supply all relevant documents to facilitate the reconstruction and continuation of the proceedings, ensuring that justice is not further delayed.
Court Disposition
application allowed
Orders
- The application dated 31.8.2020 is allowed.
- The Deputy Registrar is ordered to open a skeleton file in respect of Kakamega High Court Succession Cause No. 249 of 1992.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. 41 OF 2020
HERBERT JUMBA KAVAI...................................INTERESTED PARTY/APPLICANT
AND
EBBY KANGUHA KAVAI.......................................................................PETITIONER
VERSUS
RAHEL LODENYI ADOGA.....................................................................OBJECTOR
RULING
1. I have considered the application dated 31. 8.2020 brought under the vacation Rules. I am satisfied that the same is urgent and deserves expeditious consideration. I certify it as urgent and direct that the application bed heard during the Recess.
2. On the substantive prayer for opening of a skeleton file in respect of an alleged disappearance and/or misfiled Court file in Kakamega High Court Succession Cause No. 249 of 1992, I have perused the application, the grounds in support thereof and the supporting affidavit together with the annextures thereto.
3. As it has taken a while to conclude the very old succession cause, Justice delayed is justice denied.
4. I find the application merited and that the orders sought will not prejudice the Respondents in any way.
5. Accordingly, I hereby allow the application dated 31. 8.2020 and order that the Deputy Registrar of the Court do open a skeleton file in respect of Kakamega High Court Succession Cause No. 249 of 1992, with the applicant herein supplying the Court with all the necessary documents which are relevant to the cause to enable the Court finally consider and adjudicate upon the pending issues in the cause.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 1st Day of September, 2020
R.E. ABURILI
RECESS DUTY JUDGE