Salim v Tobei & 2 others [2024] KEHC 4611 (KLR)

Salim v Tobei & 2 others (Family Miscellaneous Application E063 of 2023) [2024] KEHC 4611 (KLR) (16 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4611 (KLR)

Republic of Kenya

In the High Court at Nakuru

Family Miscellaneous Application E063 of 2023

SM Mohochi, J

April 16, 2024

Between

Dennis Kibilo Salim

Applicant

and

Regina Cheptoo Tobei

1st Respondent

The Registrar of Births & Deaths

2nd Respondent

Elijah Kibet Kiptarus

3rd Respondent

Ruling

1. The Court directed the Applicant to serve the application upon the Respondent and file a return of service. No return of service was filed.

2. An advocate for 1st and 2nd Respondent appeared indicating she had instructions and was asked to file notice of appointment but did not comply.

3. The application is thus undefended.

4. This Court has nonetheless considered the application on its merits and finds as follows: -1. The instant application seeks final declarations and orders and if determined then it will dispose of the motion exparte.2. Application is hereby dismissed.

SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 16THDAY OF APRIL, 2024JUSTICE MOHOCHI S.MJUDGEIn the presence of:Court Assistant - ScholaAchieng for 1st and 2nd Respondents