Case ID:165079

In re Estate of Alfred Odote Angeto (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 662 of 2008

Parties:

In re Estate of Alfred Odote Angeto (Deceased)

Date Delivered:

21 Oct 2020

Case Class:

Civil

Court:

High Court at Kisumu

Case Action:

Directions

Judge(s):

Thripsisa Wanjiku Cherere

Citation:

In re Estate of Alfred Odote Angeto (Deceased) [2020] eKLR

Advocates:

For Objectors/Applicants - Anyango Owino & Co. Advocates

For Interested Party -Otieno & Ragot Advocates

Court Division:

Family

County:

Kisumu

Advocates:

For Objectors/Applicants - Anyango Owino & Co. Advocates

For Interested Party -Otieno & Ragot Advocates

History Advocates:

Both Parties Represented

Case Outcome:

Ordered for directions

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION CAUSE NO. 662 OF 2008

IN THE MATTER OF THE ESTATE OF ALFRED ODOTE ANGETO (DECEASED)

BETWEEN

GAUDENSIA AKINYI ALUOCH ............................................1

ST

APPLICANT/OBJECTOR

RAPHAEL OTIENO ALUOCH .............................................2

ND

APPLICANT/OBJECTOR

AND

ACHIENG ANGETO OWANDA ............................................PETITIONER/RESPONDENT

AND

KENNEDY ATALITSA MAJANI........................................................INTERESTED PARTY

DIRECTIONS

1. I have considered the notice of motion amended on 24.01.2020 and

filed on 27.01.2020 by the

1

st

and 2

nd

Applicants/Objectors

and the response by the

Interested party

and I have come to the conclusion that this is not a matter that ought to be determined by affidavit evidence.

2. It is therefore hereby ordered

THAT

:

1) This matter be determined by way of viva voce evidence

2) For the purpose of the hearing, the 1

st

and 2

nd

Applicants/Objectors shall be the plaintiffs and their affidavit

sworn on 24.01.2020 shall be the plaint

3) The Interested party shall be the defendant and his replying affidavit sworn on 16.09.2020 and filed on 18.09.2020 shall be the defence

4) Parties shall file and exchange witness statements with each party having 21 days with the 1

st

and 2

nd

Applicants/Objectors starting

5) Mention on 30.11.2020 to confirm compliance and for direction as to the hearing of the Objection.

6) Further to the foregoing, this court finds that the interest of justice dictate that the Applicants/Objectors be protected from eviction from KISUMU/WATHOREGO/680 (the disputed property) pending

the hearing and determination of this objection. The Interested Party is therefore restrained from interfering with

the Applicants/Objectors

occupation

and

use of KISUMU/WATHOREGO/680 (the disputed property) until these objection proceedings are determined or until other and/or further orders of the court.

DATED AT KISUMU THIS

21

st

DAY OF

October

2020

T. W. CHERERE

JUDGE

Court Assistants

- Ms. Amondi/Ms. Okodoi

For Objectors/Applicants - Ms. Owino for Anyango Owino & Co. Advocates

For Interested Party

- Mr. Ragot for Owiti, Otieno & Ragot Advocates