1. I am called upon to decide a Motion, dated 24th February 2025. It is for substitution of a dead administratrix. When it came up, on 6th May 2025, I was informed that it had been served.
2. I have perused the record, and I have noted that service was effected upon Muri Mbugua & Company Advocates, via email, on 25th March 2025. I have very closely scrutinised the record, to establish whether the said Muri Mbugua & Company Advocates, are on record, and I have been unable to find evidence of that.
3. The only other Advocates, on record, apart from JO Makali & Company, Advocates for the applicant, is Mukisu & Company Advocates, for the petitioner. Mukisu & Company, Advocates, was not served.
4. The service of the application was unsatisfactory. I shall not determine the application before I see satisfactory evidence of service on the parties, being the two widows of the deceased, and his three sons and seven daughters, or their Advocates.
5. The matter shall be mentioned on 9th July 2025.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 10TH DAY OF JUNE 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Masengeli, instructed by JO Makali & Company, Advocates for the applicant.
Mr. Mukisu, instructed by Mukisu & Company, Advocates for the petitioner.
2. I have perused the record, and I have noted that service was effected upon Muri Mbugua & Company Advocates, via email, on 25th March 2025. I have very closely scrutinised the record, to establish whether the said Muri Mbugua & Company Advocates, are on record, and I have been unable to find evidence of that.
3. The only other Advocates, on record, apart from JO Makali & Company, Advocates for the applicant, is Mukisu & Company Advocates, for the petitioner. Mukisu & Company, Advocates, was not served.
4. The service of the application was unsatisfactory. I shall not determine the application before I see satisfactory evidence of service on the parties, being the two widows of the deceased, and his three sons and seven daughters, or their Advocates.
5. The matter shall be mentioned on 9th July 2025.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 10TH DAY OF JUNE 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Ms. Masengeli, instructed by JO Makali & Company, Advocates for the applicant.
Mr. Mukisu, instructed by Mukisu & Company, Advocates for the petitioner.