[2020] KEHC 5956 (KLR)
The court directed that the application dated 7th April 2020 be mentioned on 22nd April 2020 for further directions. The applicant is required to serve the respondent and all other beneficiaries. All parties must provide email addresses for service of pleadings and orders. Respondents are to file and serve their...
Source-derived case information.
- Citation
- [2020] KEHC 5956 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 51 of 2000
- Procedural Posture
- Succession Cause / Mention for Directions
- Outcome
- application set for mention for directions; procedural orders issued
- Legal Topics
- Succession Procedure, Service of Process, Electronic Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Mention for Directions
Legal Issues
- 1 Whether the application dated 7th April 2020 should be set down for mention for further directions.
- 2 How service of pleadings and orders should be effected during the COVID-19 pandemic.
- 3 What directions are necessary to facilitate expeditious adjudication of the application.
Ratio Decidendi
The court directed that the application dated 7th April 2020 be mentioned on 22nd April 2020 for further directions. The applicant is required to serve the respondent and all other beneficiaries. All parties must provide email addresses for service of pleadings and orders. Respondents are to file and serve their answers within seven days of service. Due to the COVID-19 pandemic and restricted access to the courthouse, the mention may be conducted electronically. Parties are encouraged to suggest directions to facilitate expeditious adjudication. These directions ensure procedural fairness and adapt to the exigencies of the pandemic.
Court Disposition
application set for mention for directions; procedural orders issued
Orders
- Application dated 7th April 2020 fixed for mention on 22nd April 2020 for further directions.
- Applicant to serve the respondent and all other beneficiaries.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
SUCCESSION CAUSE NO. 51 OF 2000
IN THE MATTER OF THE ESTATE OFOCHIENG OLEMBO (DECEASED)
8th April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
RULING
Exparte
1. The application dated 7th April 2020 is fixed for Mention on 22nd April 2020, for Further Directions.
2. The Applicant is directed to serve the Respondent and all other beneficiaries.
3. Each party is directed to provide the Court and all the other parties with the email address at which all Pleadings and Orders shall henceforth be served.
4. Within 7 days of service, the Respondents shall file and serve their respective answers to the application dated 7th April 2020.
5. As parties are currently not permitted access to the Court-house, due to the Corona Virus Pandemic, the Mention scheduled for 22nd April 2020 may well be in an electronic format.
Accordingly, each party is encouraged to offer their respective suggestions on the Directions that may help the Court adjudicate over the application expeditiously.
DATED, SIGNEDandDELIVERED at KISUMUThis8thday ofApril2020
FRED A. OCHIENG
JUDGE