Amina Obo Athman & 1 other v Director of Registration of Death & 1 other

Athman & another v Director of Registration of Death & another; Mashashi Kitano (Applicant) (Miscellaneous Application E001 of 2025) [2025] KEHC 6823 (KLR) (16 May 2025) (Ruling) Neutral citation: [2025] KEHC 6823 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS APPLICATION E001 OF 2025 G MUTAI, J MAY 16, 2025 BETWEEN AMINA OBO ATHMAN ................................................................. 1ST PETITIONER MOHAMED BWANA OBO ATHMAN ......................................... 2ND PETITIONER AND DIRECTOR OF REGISTRATION OF DEATH ......................... 1ST RESPONDENT THE HON ATTORNEY GENERAL ........................................... 2ND RESPONDENT AND MASHASHI KITANO .............................................................................. APPLICANT RULING 1. The notice of motion application before me is dated 8th January 2025. Vide the said application, the applicant seeks leave to reconstruct the court file in Miscellaneous Application No. 10 of 2010 (OS); In the Matter of Mashashi Kitano (Presumed Deceased), for the reconstructed file to be kept in safe custody in the Court Registry and for a hearing date to issue. 2. The applicant averred that he searched for the Court file in respect of Miscellaneous Application No. 10 of 2010 (OS) but that it could not be traced. The applicant’s counsel, in an affidavit sworn on 8th January 2025, alleged that there was fraud. He prayed that the application be allowed as prayed. 3. Despite being served with the said application, counsel for the petitioners and the respondents did not appear or file any documents in response. The application is therefore unopposed. 4. In the interest of justice, and as the same is unopposed, I allow the application dated 8th January 2025 as prayed. 5. I make no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6823/eng@2025-05-16 1

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