[2022] KEHC 12055 (KLR)

[2022] KEHC 12055 (KLR)

The court declined to determine the application dated 9th November 2020 due to lack of proof that the family of Peter Busula Muyale was served with the application dated 20th November 2018, as previously ordered. The court emphasized that its orders must be complied with and that service of process is fundamental to...

Source-derived case information.

Citation
[2022] KEHC 12055 (KLR)
Parties
Applicant: Akhura Kubakha alias Akhua Muyale (Deceased); Respondent: Family of Peter Busula Muyale
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Succession Cause 295 of 2003
Procedural Posture
Succession Cause / Ruling on Compliance With Service of Application
Outcome
Application not determined; matter set for mention for compliance with service directive.
Judges
WM Musyoka
Legal Topics
Probate and Administration, Service of Process
Source Language
en
Family and Children Probate and Administration Service of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Akhura Kubakha alias Akhua Muyale (Deceased)

Applicant

Family of Peter Busula Muyale

Respondent

Procedural Posture

Succession Cause / Ruling on Compliance With Service of Application

Legal Issues

  1. 1 Whether the family of Peter Busula Muyale was properly served with the application dated 20th November 2018.
  2. 2 Whether the court can proceed to determine the application dated 9th November 2020 without proof of service.

Ratio Decidendi

The court declined to determine the application dated 9th November 2020 due to lack of proof that the family of Peter Busula Muyale was served with the application dated 20th November 2018, as previously ordered. The court emphasized that its orders must be complied with and that service of process is fundamental to ensuring all affected parties have an opportunity to be heard. The matter was set for mention to confirm compliance with the service directive.

Court Disposition

Application not determined; matter set for mention for compliance with service directive.

Orders

  • The matter shall be mentioned for compliance.