In the Matter of Estate of Sapencia Omwakwe (Deceased) [2014] KEHC 3109 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 3070 OF 2002

IN THE MATTER OF ESTATE OF SAPENCIA OMWAKWE (DECEASED)

RULING

1. On 24th July 2014 I directed that the application dated 4th April 2014 be heard during the August vacation on 14th August 2014.

2. On 14th August 2014 Mr. Gathaiya for the applicant presented himself before me ready to argue the said application. He informed me that he had served hearing notice on the other parties.

3. I have perused the court file. I note that there is an affidavit of service sworn on 2nd August 2014 and filed in court on 13th August 2014 showing that a hearing notice had been served on 30th July 2014 on Omwakwe & Associates Advocates and Ongweny & Moibi Advocates.  Both law firms embossed their respective date stamps on the notice and the persons served acknowledged service by signing on the notice duly returned to court. I am therefore satisfied that there was proper notice of the hearing date.

4. I have on record evidence that the application dated 4th April 2014 was served on the affected parties. There is the affidavit of service sworn on 3rd June 2014 and filed in court on the same day.  It shows that the application was served on Ogweny & Moibi Advocates,  Theuri  Wanjohi & Co. Advocates and Susan Joyce Omwakwe.

5. There had been no reply to the said application as at 14th August.  The application dated 4th April 2014 is therefore not contested.

6. In view of paragraph 5 above, I have no basis for declining the orders sought in the said application, and I do hereby allow the same with costs.

DATED, SIGNED and DELIVERED at NAIROBI this 28TH DAY OF August 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Gathaiya advocate for the applicants.