Case Metadata |
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Case Number: | Miscellaneous Succession Cause 89 of 2013 |
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Parties: | In re Mbogo Gikunju alias Mbogo Theya (Deceased) |
Date Delivered: | 14 Dec 2021 |
Case Class: | Civil |
Court: | High Court at Kerugoya |
Case Action: | Ruling |
Judge(s): | Janet Nzilani Mulwa |
Citation: | In re Mbogo Gikunju alias Mbogo Theya (Deceased) [2021] eKLR |
Court Division: | Family |
County: | Kirinyaga |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENHYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
MISC. SUCCESSION CAUSE NO. 89 OF 2013
MBOGO GIKUNJU alias MBOGO THEYA-DECEASED
NELSON GACHOKI MURAGE alias
GACHOKI MURAGE......................................................APPLICANT
STEPHEN MWANGI MURIITHI......................1ST RESPONDENT
NELSON DOUGLAS KABUI............................2ND RESPONDENT
VERSUS
STANLEY MIGWI NJOROGE.........DEFENDANT(DECEASED)
ESTHER WAMBAIRE........................INTENDED SUBSTITUTE
RULING
1. On 17th December, 2019, the court was informed by the Applicant’s Advocates that one of the Applicants was deceased, and sought time to apply for substitution of the deceased Applicant. The Respondents were aware of the death. The court allowed the Applicant to move and substitute the dead party and gave a mention date to confirm the substitution on the 24th March, 2020.
2. On 3rd February, 2021, Ms. Wambui Advocate for the Applicants appeared before me, but the Respondents did not despite having been served with a notice for mention. She sought orders on the Application dated 26th July, 2020 supposedly for the substitution of the deceased party upon which I gave a ruling date for the application.
3. I have perused the court file keenly. I am unable to trace the said application dated 26/7/2020 nor any responses by the respondents. In the premises, I opine that the best way out is for the Applicants to provide the court with a stamped copy and the payment receipt of court fees and all responses if any, to enable it to give a further hearing date for the said application and or an order of substitution if it was ever made by the court.
DATED AND SIGNED THIS DAY OF 2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 14TH DAY OF DECEMBER 2021
R. MWONGO
JUDGE