[2025] KEHC 5179 (KLR)
The court found that, despite doubts regarding the respondent's claim of technical difficulties, it was in the interests of justice and the right to be heard that the respondent be granted leave to file submissions. The court exercised its discretion to allow the respondent 14 days to file and serve submissions on...
Source-derived case information.
- Citation
- [2025] KEHC 5179 (KLR)
- Parties
- Applicant: Alice Shiundu; Respondent: Michael Chivolo Murunga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 697 of 2009
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Leave granted to the respondent to file submissions; timelines set for both parties; costs to the respondent.
- Judges
- HK Chemitei
- Legal Topics
- Succession Proceedings, Right to Be Heard, Filing of Submissions
- 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
Alice Shiundu
Applicant
Michael Chivolo Murunga
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the respondent should be granted leave to file submissions out of time due to alleged technical difficulties with the court's online platform.
- 2 Whether the respondent is entitled to defend herself in respect to the preliminary objection and substantive application.
Ratio Decidendi
The court found that, despite doubts regarding the respondent's claim of technical difficulties, it was in the interests of justice and the right to be heard that the respondent be granted leave to file submissions. The court exercised its discretion to allow the respondent 14 days to file and serve submissions on both the preliminary objection and the substantive application, with a corresponding right for the applicant to respond. This ensures that both parties have a fair opportunity to present their cases before the court renders its decision.
Court Disposition
Leave granted to the respondent to file submissions; timelines set for both parties; costs to the respondent.
Orders
- The respondent is granted 14 days from 30th April 2025 to file and serve submissions on the preliminary objection and substantive application.
- The applicant is granted 14 days after service to file any necessary submissions in response.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Apasiana Saryaeli Murunga (Deceased) (Succession Cause 697 of 2009) [2025] KEHC 5179 (KLR) (Family) (30 April 2025) (Directions)
Neutral citation: [2025] KEHC 5179 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 697 of 2009
HK Chemitei, J
April 30, 2025
IN THE MATTER OF THE ESTATE OF THE LATE APASIANA SARYAELI MURUNGA (DECEASED)
Between
Alice Shiundu
Petitioner
and
Michael Chivolo Murunga
Respondent
Directions
1. On 10 July 2024 when this matter came up for directions on the Applicant’s application dated 19th December 2023 and in the absence of the Respondent though served the court directed that submissions be filed and the matter be mentioned on 26th November 2024.
2. On the above date there was no appearance on the side of the Respondent and the court directed that the ruling be reserved for 13th March 2025. The court was unable to deliver the ruling as it was on its annual leave.
3. The court directed that the ruling be delivered on 30th April 2025. On 10 April 2025 the Applicant/Respondent filed an application arguing that it was not able to respondent on 26th November 2024 when the matter was called because of technical issues with the court’s online platform.
4. I have seen the application and although I doubt whether there was such technicality on the part of the court, I shall grant the Respondent request to defend herself.
5. Consequently, the Respondent is granted 14 days from the date herein to file and serve her submissions in respect to both the preliminary objection as well as the substantive application.
6. The Applicant is also granted 14 days after service to file any necessary submissions in response.
7. Costs to the Respondent.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30THDAY OF APRIL 2025. HK CHEMITEIJUDGE