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…At the hearing of the application only the alternative prayer was pursued.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…

…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…

…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…

…RESPONDENT RULING Two and a half years ago the Applicant filed an application which was to be heard on 14.12.89. He failed to turn up and the application was dismissed.…

…This seems to me the only reason why the present application has been brought.…

…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…

…Interparte hearing of said application was adjourned eight times at the request of the debtor. Ultimately on 9th November, 1989 I dismissed the debtors said application for his non appearance.…

…I therefore hold that Section 228 is not applicable to the present application.…

…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…

…A stay of the receiving order was made on May 18, 1989 following an application by the debtor for that order to be set aside.…

…Counsel said that the appellant’s application for the receiving order to be set aside was adjourned eight times.…

…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…

…She had filed an application in Court for separation but the same had not been disposed by the date of death. She further left home barely a week after the burial.…