[2006] KEHC 2044 (KLR)
The court found that the applicant failed to serve notice of acting in person after withdrawing instructions from his former advocate, and therefore service effected on the advocate on record was proper. The applicant had also been lax in pursuing the proceedings and only acted when faced with execution. The court...
Source-derived case information.
- Citation
- [2006] KEHC 2044 (KLR)
- Parties
- Applicant: Simon Muchiri Kiai; Respondent: Virginia Njeri Churu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 34 of 1997
- Procedural Posture
- Probate and Administration Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application dismissed with costs
- Legal Topics
- Extension of Time, Stay of Execution, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muchiri Kiai
Applicant
Virginia Njeri Churu
Respondent
Procedural Posture
Probate and Administration Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted extension of time to file and serve a notice of objection to taxation.
- 2 Whether a temporary stay of further proceedings or execution should be granted pending determination of the objection proceedings.
Ratio Decidendi
The court found that the applicant failed to serve notice of acting in person after withdrawing instructions from his former advocate, and therefore service effected on the advocate on record was proper. The applicant had also been lax in pursuing the proceedings and only acted when faced with execution. The court held that there was no justification for extending time or granting a stay of execution or proceedings, emphasizing the need for parties to take court matters seriously.
Court Disposition
application dismissed with costs
Orders
- The application dated 23rd March 2003 is dismissed with costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Prob & Admin Cause 34 of 1997
IN THE MATTER OF THE ESTATE OF MARY WAMBUI WANG’OMBE –DECEASED
SIMON MUCHIRI ………………....…………….. OBJECTOR/APPLICANT
VERSUS
VIRGINIA NJERI CHURU ……………….. PETITIONER/RESPONDENT
R U L I N G
Simon Muchiri Kiai the Objector/Applicant seeks to have time extended to enable him file and serve a notice of objection to the taxation in this case. The applicant also seeks an order of temporary stay of any further proceedings and or execution pending the hearing and determination of the objection proceedings.
The applicant maintains that he was never served with the notice of taxation and that he has good grounds of objecting to the taxation. He claims that he will suffer irreparable loss if he is not granted extension of time. I have considered this application and the entire court record.. Although the applicant explains that he had withdrawn instructions from his former advocate he did not serve the appropriate notice showing he was now appearing in person, upon the Respondent’s advocate. The Respondent’s advocate having attempted to effect service on the advocate on record, the applicant has only himself to blame. From the proceedings it is also evident that the applicant has been rather lax in taking action in pursuing these proceedings. It appears that he is now only waking up because he is facing the threat of execution. Parties must learn to take court matter seriously. I find no justification for extending time or staying execution or proceedings.
I do therefore dismiss the application dated 23rd March 2003 with costs.
Dated signed and delivered this 21st day of June 2006.
H. M. OKWENGU
JUDGE