EX-PARTE RULING
THIS MATTER is a Chamber Summons under vacation rules Application filed under a Certificate of Urgency by Norah Kaggia Advocate dated 8th August 2025, together with A Petition under Certification of Urgency by Njeri Mucheru Advocate and supporting Affidavit by Habinder Singh Bhogal dated 6th August 2025, filed pursuant to Rule 12 And 49 of the Probate and Administration Rules, 1980 and Rule 10 of the Fifth Schedule and Section 54 of the Succession Act (CAP 160),
AND UPON READING the Petition together with the supporting Affidavit and all annexure thereto, and being persuaded that hearing and determining the Application Ex-Parte is in the best interests of the estate of the deceased without possibility of an incurable prejudice, the court directs and Orders as follows;
IT IS HEREBY ORDERED;
1. THAT, this Application is certified as extremely urgent warranting its hearing on priority during the current High Court vacation and its service is hereby dispensed with in the 1st instance.
2. THAT a limited grant is hereby made and issued to Habinder Singh Bhogal, limited to commence and continue civil action against Fastfit Auto Limited with regards to its continued occupation of TITLE NUMBER NAKURU MUNICIPALITY BLOCK4/63 (Formerly known as TR 25939 L. R. NO. 451/24/20)-NARWAR SINGH BHOGAL (DECEASED)
4. That the Hearing scheduled for 7th October 2025 remains unaffected.
It is So Ordered
GIVEN under the Hand and Seal of this Court on this 12th August 2025
______________________
Mohochi S.M
Judge
THIS MATTER is a Chamber Summons under vacation rules Application filed under a Certificate of Urgency by Norah Kaggia Advocate dated 8th August 2025, together with A Petition under Certification of Urgency by Njeri Mucheru Advocate and supporting Affidavit by Habinder Singh Bhogal dated 6th August 2025, filed pursuant to Rule 12 And 49 of the Probate and Administration Rules, 1980 and Rule 10 of the Fifth Schedule and Section 54 of the Succession Act (CAP 160),
AND UPON READING the Petition together with the supporting Affidavit and all annexure thereto, and being persuaded that hearing and determining the Application Ex-Parte is in the best interests of the estate of the deceased without possibility of an incurable prejudice, the court directs and Orders as follows;
IT IS HEREBY ORDERED;
1. THAT, this Application is certified as extremely urgent warranting its hearing on priority during the current High Court vacation and its service is hereby dispensed with in the 1st instance.
2. THAT a limited grant is hereby made and issued to Habinder Singh Bhogal, limited to commence and continue civil action against Fastfit Auto Limited with regards to its continued occupation of TITLE NUMBER NAKURU MUNICIPALITY BLOCK4/63 (Formerly known as TR 25939 L. R. NO. 451/24/20)-NARWAR SINGH BHOGAL (DECEASED)
4. That the Hearing scheduled for 7th October 2025 remains unaffected.
It is So Ordered
GIVEN under the Hand and Seal of this Court on this 12th August 2025
______________________
Mohochi S.M
Judge