Civil Procedure Rules

1. Who may take out originating summons and in respect of what matters [Order 37, rule 1]

Edition: 2022-12-31 · In force

1. Who may take out originating summons and in respect of what matters [Order 37, rule 1]

The executors or administrators of a deceased person, or any of them, and the trustees under any deed or instrument, or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, heir, or legal representative of a deceased person, or as cestui que trust under the terms of any deed or instrument, or as claiming by assignment, or otherwise, under any such creditor or other person as aforesaid, may take out as of course, an originating summons, returnable before a judge sitting in chambers for such relief of the nature or kind following, as may by the summons be specified, and as circumstances of the case may require, that is to say, the determination, without the administration of the estate or trust, of any of the following questions—

(a)any question affecting the rights or interest of the person claiming to be creditor, devisee, legatee, heir or cestui que trust;

(b)the ascertainment of any class of creditors, devisees, legatees, heirs, or others;

(c)the furnishing of any particular accounts by the executors, administrators or trustees, and the vouching, when necessary, of such accounts;

(d)the payment into court of any money in the hands of the executors, administrators or trustees;

(e)directing the executors, administrators or trustees to do, or abstain from doing, any particular act in their character as executors, administrators or trustees;

(f)the approval of a sale, purchase, compromise or other transaction;

(g)the determination of any question arising directly out of the administration of the estate or trust.

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Source: Kenya Law