All templatesREPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
FAMILY DIVISION
CIVIL SUIT NO. ________ OF 20____ (O.S.)
IN THE MATTER OF THE ESTATE OF JOHN MWANGI KARIUKI (DECEASED)
BETWEEN
GRACE NJERI MWANGI .................................................. PLAINTIFF
-VERSUS-
PETER MWANGI KARIUKI .................................................. 1ST DEFENDANT
JOSEPH KARIUKI MWANGI .................................................. 2ND DEFENDANT
ORIGINATING SUMMONS
(Under Order 37 of the Civil Procedure Rules, 2010)
LET ALL THE DEFENDANTS, PETER MWANGI KARIUKI AND JOSEPH KARIUKI MWANGI, within ______ days after service of this summons on them, enter an appearance to this summons, which is issued on the application of GRACE NJERI MWANGI, who claims to be a surviving spouse of the deceased, for the determination of the following questions:
Litigation & Dispute Resolution
Originating Summons template (Kenya)
What it is for
Order 37 CPR summons for determinations without full trial.
The Kenyan law it follows
- Civil Procedure Rules 2010 — Order 37 rules 1 and 2 (questions an executor, administrator, trustee, creditor, heir or beneficiary may bring by originating summons), rules 3 to 10 (vendor and purchaser, mortgages, cautions, extension of limitation, adverse possession, land registration, partnership), rule 14 and Forms No. 26 and 27 of Appendix A (the form), rule 15 (registered with the letters O.S.), rule 16 (listed for directions within thirty days)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample originating summons
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this originating summons is for Lex members
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.