The Probate and Administration Rules

Rule 59 of The Probate and Administration Rules: Form of proceedings

(1) Save where otherwise provided in these Rules every application to the court or to a registry shall be brought in the form of a petition, caveat or summons as may be appropriate.
(2) In the case of a pending proceeding the court or a registrar may of its or his own motion or at the request of any party, but without a formal application, cause the matter to be set down for mention before the court or registrar upon notice to such persons (if any) as the court or registrar may direct.
(3) Unless otherwise directed by the court every application shall be heard in chambers in the presence only of the parties, their advocates and such other persons as the court or registrar may permit.
(4) Every petition and cross-application for a grant shall be signed by the petitioner in the presence of his advocate or not less than two other adult witnesses who must sign giving their names, addresses and descriptions.
(5) A summons shall be in one of Forms 104 to 110 as appropriate and be signed by the applicant or his advocate.
(6) Save where it is otherwise provided in these Rules there shall be filed with every application such affidavits (if any) setting out such material facts and exhibiting such documents as the applicant may think necessary.

Check the current authoritative text and amendment history before relying on this provision.

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Rule 60 — Entry of appearance

Every interested person (whether or not he has been served with notice thereof) who wishes to be heard upon or to oppose any application, and has not already appeared in the proceedings, shall enter a…

Rule 64 — Application of African customary law

Where during the hearing of any cause or matter any party desires to provide evidence as to the application or effect of African customary law he may do so by the production of oral evidence or by ref…

Rule 65 — Service of documents

(1) Every document other than a testamentary instrument filed in any registry shall bear at foot the name and an address for service within Kenya of the advocate or other person by whom it is presente…

Rule 66 — Affidavits

Where provision is made in any rule for the filing by any person of an affidavit for a specific purpose that provision shall be construed as enabling that person in a proper case to file more affidavi…

Rule 67 — Enlargement of time

Where any period is fixed or granted by these Rules or by an order of the court for the doing of any act or thing, the court upon request or of its own motion may from time to time enlarge such period…

Rule 69 — Costs

The costs of all proceedings under these Rules shall be in the discretion of the court.

Rule 70 — Forms

The forms set out in the First Schedule, with such adaptations, additions and amendments as may be necessary, shall, when appropriate, be used in all proceedings under these Rules: Provided that the C…

Rule 71 — Court fees

(1) The fees to be paid in proceedings under these Rules shall be those set out in the Third Schedule and shall be paid in cash. (2) The Chief Justice may from time to time by notice in the Gazette am…

Rule 73 — Saving of inherent powers of court

Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

Rule 74 — Revocation

The Probate and Administration (Contested Suits) Rules, 1940, (G.N. 264/1940) are revoked.