In re Estate of Apasiana Saryaeli Murunga (Deceased) [2025] KEHC 5179 (KLR)

In re Estate of Apasiana Saryaeli Murunga (Deceased) (Succession Cause 697 of 2009) [2025] KEHC 5179 (KLR) (Family) (30 April 2025) (Directions)

Neutral citation: [2025] KEHC 5179 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 697 of 2009

HK Chemitei, J

April 30, 2025

IN THE MATTER OF THE ESTATE OF THE LATE APASIANA SARYAELI MURUNGA (DECEASED)

Between

Alice Shiundu

Petitioner

and

Michael Chivolo Murunga

Respondent

Directions

1. On 10 July 2024 when this matter came up for directions on the Applicant’s application dated 19th December 2023 and in the absence of the Respondent though served the court directed that submissions be filed and the matter be mentioned on 26th November 2024.

2. On the above date there was no appearance on the side of the Respondent and the court directed that the ruling be reserved for 13th March 2025. The court was unable to deliver the ruling as it was on its annual leave.

3. The court directed that the ruling be delivered on 30th April 2025. On 10 April 2025 the Applicant/Respondent filed an application arguing that it was not able to respondent on 26th November 2024 when the matter was called because of technical issues with the court’s online platform.

4. I have seen the application and although I doubt whether there was such technicality on the part of the court, I shall grant the Respondent request to defend herself.

5. Consequently, the Respondent is granted 14 days from the date herein to file and serve her submissions in respect to both the preliminary objection as well as the substantive application.

6. The Applicant is also granted 14 days after service to file any necessary submissions in response.

7. Costs to the Respondent.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30THDAY OF APRIL 2025. HK CHEMITEIJUDGE