In re Estate of Henry Micah Omino [2020] KEHC 6568 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION CAUSE NO. 103 OF 2009

IN THE MATTER OF THE ESTATE OF HENRY MICAH OMINO

8th April 2020

Coram:  Ochieng – J.

Court Assistant:  Maureen Ojala

Exparte

1. I do hereby certify as urgent the Application lodged in court today, by BEATRICE AWINO ONGARO, and I admit it to hearing during the current Court Recess.

2. The application is admitted to hearing forthwith, and exparte, in the first instance.

3. In order to safeguard the subject matter of the application, namely L.R. NO. KISUMU/MANYATTA “B”/41, it is hereby ordered that all further developments on that parcel of land be stopped immediately.

4. This Conservatory Order shall, in the first instance remain in place for a period of 14 days.

5. However, in acknowledgement of the exceptional circumstances prevailing in Kenya, due to the Corona Virus Pandemic, the parties are hereby notified that it may well prove necessary to extend the interim orders.

6. In order to safeguard the interests of the Respondent, EDWARD OLANG’O OMINO, as well as the interests of the beneficiaries of the Estate, I do hereby grant liberty to apply; so that any party feeling aggrieved may be able to move the court for appropriate orders.

7. This Order shall be served by the Applicant.

8. All the parties are ordered to provide their email addresses, to which service upon them may be effected electronically.

9. After the Respondents are served, and have provided their email addresses, service of applications, orders, rulings or of any other court processes will be effected through the said addresses.

10. Mention is fixed for 22nd April 2020, for Further Directions as to the hearing of the application.

As parties are not allowed to gain access into the Court-house, due to the Corona Virus Pandemic, it may well be necessary to have all matters relayed in writing.

11. In order to assist the court in putting together the most appropriate Directions, on 22nd April 2020, the parties are invited to put forward their suggested Directions.

DATED, SIGNEDandDELIVERED at KISUMUThis 8th day of April 2020

FRED A. OCHIENG

JUDGE