[2013] KEHC 4238 (KLR)

[2013] KEHC 4238 (KLR)

The court found that the originating summons was properly served on the respondent, who failed to file any response. The application was therefore unopposed. Upon considering the oral submissions of the applicants' advocate and the merits of the application, the court was persuaded that the prayers sought were...

Source-derived case information.

Citation
[2013] KEHC 4238 (KLR)
Parties
Applicant: Murtaza Nazarali Hassanali; Applicant: Akil Esmail Hassanali; Respondent: Wakf Commissioners of Kenya
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Application 4 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Originating Summons
Outcome
Application allowed as unopposed; prayers (1), (2), and (3) of the originating summons granted; no order as to costs.
Judges
JV Juma
Legal Topics
Originating Summons, Unopposed Application, Service of Process
Source Language
en
Civil Procedure Originating Summons Unopposed Application Service of Process

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Summary, issues, holding and outcome

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Parties

Murtaza Nazarali Hassanali

Applicant

Akil Esmail Hassanali

Applicant

Wakf Commissioners of Kenya

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Unopposed Originating Summons

Legal Issues

  1. 1 Whether the applicants are entitled to the reliefs sought in the originating summons.
  2. 2 Whether the lack of response from the respondent affects the determination of the application.

Ratio Decidendi

The court found that the originating summons was properly served on the respondent, who failed to file any response. The application was therefore unopposed. Upon considering the oral submissions of the applicants' advocate and the merits of the application, the court was persuaded that the prayers sought were justified. Consequently, the court allowed prayers (1), (2), and (3) of the originating summons, finding no reason to deny the reliefs sought in the absence of opposition or contrary evidence from the respondent.

Court Disposition

Application allowed as unopposed; prayers (1), (2), and (3) of the originating summons granted; no order as to costs.

Orders

  • Prayers (1), (2), and (3) of the originating summons dated 14th February, 2013 are allowed.
  • No order as to costs.