[2014] KEHC 3109 (KLR)
The court found that the application dated 4th April 2014 was properly served on all affected parties, as evidenced by the affidavits of service on record. No responses or objections were filed by the respondents, and the application remained unopposed as at the hearing date. In the absence of any contest or reason...
Source-derived case information.
- Citation
- [2014] KEHC 3109 (KLR)
- Parties
- Applicant: Sapencia Omwakwe (Deceased); Respondent: Ogweny & Moibi Advocates; Respondent: Theuri Wanjohi & Co. Advocates; Respondent: Susan Joyce Omwakwe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3070 of 2002
- Procedural Posture
- Succession Cause / Ruling on Unopposed Application
- Outcome
- Application allowed with costs.
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Service of Process, Uncontested Applications
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sapencia Omwakwe (Deceased)
Applicant
Ogweny & Moibi Advocates
Respondent
Theuri Wanjohi & Co. Advocates
Respondent
Susan Joyce Omwakwe
Respondent
Procedural Posture
Succession Cause / Ruling on Unopposed Application
Legal Issues
- 1 Whether the application dated 4th April 2014 was properly served on all affected parties.
- 2 Whether the application is unopposed and should be allowed as prayed.
Ratio Decidendi
The court found that the application dated 4th April 2014 was properly served on all affected parties, as evidenced by the affidavits of service on record. No responses or objections were filed by the respondents, and the application remained unopposed as at the hearing date. In the absence of any contest or reason to decline the orders sought, the court allowed the application as prayed, with costs to the applicant.
Court Disposition
Application allowed with costs.
Orders
- The application dated 4th April 2014 is allowed as prayed.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 3070 OF 2002
IN THE MATTER OF ESTATE OF SAPENCIA OMWAKWE (DECEASED)
RULING
1. On 24th July 2014 I directed that the application dated 4th April 2014 be heard during the August vacation on 14th August 2014.
2. On 14th August 2014 Mr. Gathaiya for the applicant presented himself before me ready to argue the said application. He informed me that he had served hearing notice on the other parties.
3. I have perused the court file. I note that there is an affidavit of service sworn on 2nd August 2014 and filed in court on 13th August 2014 showing that a hearing notice had been served on 30th July 2014 on Omwakwe & Associates Advocates and Ongweny & Moibi Advocates. Both law firms embossed their respective date stamps on the notice and the persons served acknowledged service by signing on the notice duly returned to court. I am therefore satisfied that there was proper notice of the hearing date.
4. I have on record evidence that the application dated 4th April 2014 was served on the affected parties. There is the affidavit of service sworn on 3rd June 2014 and filed in court on the same day. It shows that the application was served on Ogweny & Moibi Advocates, Theuri Wanjohi & Co. Advocates and Susan Joyce Omwakwe.
5. There had been no reply to the said application as at 14th August. The application dated 4th April 2014 is therefore not contested.
6. In view of paragraph 5 above, I have no basis for declining the orders sought in the said application, and I do hereby allow the same with costs.
DATED, SIGNED and DELIVERED at NAIROBI this 28TH DAY OF August 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Gathaiya advocate for the applicants.