Monica Akomo Odayo & Stephen O. Ongoya v Ezekiel Odiero Adero [2020] KEHC 5953 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

CIVIL APPEAL NO. 3 OF 2019

THE ESTATE OF FREDRICK ADERO ODIERO - DECEASED

MONICA AKOMO ODAYO& STEPHEN O. ONGOYA..... OBJECTORS/APPLICANTS

VERSUS

EZEKIEL ODIERO ADERO.................................................PETITIONER/RESPONDENT

23rd April 2020

Coram:  Ochieng – J.

Court Assistant:  Maureen Ojala

RULING

Court

1. The Objectors seek Stay of Execution of the Orders made by the trial court on 6th October 2019.

2. By the said Orders, the trial court dismissed the Objectors’ application dated 23rd October 2018, which had been amended on 14th November 2018.

3. In the absence of further explanations and clarifications, this court is unable to appreciate how the orders dismissing the Objectors’ application is capable of execution.

4. I direct that the Respondents be served with the application for stay of execution.

5. The Objectors shall serve the Petitioner, together with an email address, at which subsequent pleadings, orders etc. shall be served.

6. Mention on 29th April 2020 for further Directions.

7. Upon service, the Respondent shall provide the Court and the Objectors with an email address, at which service will thereafter be effected.

8. The requirement for email addresses arises from the current circumstances prevailing in Kenya, where the Corona-Virus Pandemic has led to rules barring litigants from accessing the Court House.

9. Parties are directed to suggest such Further Directions as will enable the court deal with the application expeditiously.

In the meantime, parties are informed that the court will most probably require them to canvass the application by way of written submissions.

DATED, SIGNEDandDELIVERED at KISUMUThis23rdday ofApril2020

FRED A. OCHIENG

JUDGE