Case ID:171207

In re Estate of the Late Mary Nangila Mulongo - (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 145 of 2009

Parties:

In re Estate of the Late Mary Nangila Mulongo - (Deceased)

Date Delivered:

21 Oct 2020

Case Class:

Civil

Court:

High Court at Kitale

Case Action:

Directions

Judge(s):

Hilary Kiplagat Chemitei

Citation:

In re Estate of the Late Mary Nangila Mulongo - (Deceased) [2020] eKLR

Advocates:

Mr. Wanyonyi for the Objector

Mr. Wafula for the Petitioner

Court Division:

Family

County:

Trans Nzoia

Advocates:

Mr. Wanyonyi for the Objector

Mr. Wafula for the Petitioner

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

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 KITALE

SUCCESSION CAUSE NO. 145 OF 2009

IN THE MATTER OF THE ESTATE OF THE LATE MARY NANGILA MULONGO - (DECEASED)

ANNAH OBWOYO MAKOKHA..................................................1

ST

RESPONDENT

ROSE MUNIALO...........................................................................2

ND

RESPONDENT

VERSES

SHADRACK WANJALA WEKESA& 3 OTHERS.......OBJECTORS/APPLICANTS

DIRECTIONS

1. This matter was scheduled for a ruling in respect to a summons for revocation of grant application dated

16

th

December 2019

. The court has perused the same and its supporting affidavit sworn by the Applicant and the attendant annexures.

2. The court has perused also the replying affidavit of

Anna Makokha

, the 1

st

Respondent dated 10

th

March 2020. At the same time the court has perused the parties’ submissions on record.

3. This court is of the considered opinion that the objection proceedings cannot be effectively disposed by way of affidavit evidence. This is for the simple reason that the matter involved a larger part of the party’s families. More importantly there are other proceedings in respect to the estate of the late

PENINA NAFULA CHANGA

, namely

Succession cause No.139 of 1999

which it appears gave rise to this cause. Evidence may be required to be adduced from the said cause affecting the parties herein.

4. The affidavits on record as they are, may not bring out the essential historical facts and thus there is need to have

viva voce

evidence adduced. This should give all the parties a good level playing field.

5. Consequently, the application dated 16

th

December 2019 be heard by way of oral evidence. The Applicants shall be the Plaintiffs and the Respondents the Defendants. Parties be at liberty to file and exchange further affidavits and statements, if any, within the next 14 days from the date herein.

6. Costs shall await the outcome of the cause.

Dated, Signed and delivered at Kitale this 21

st

day of October, 2020.

_________________

H. K. CHEMITEI

JUDGE

21/10/2020

In the presence of:-

Mr. Wanyonyi for the Objector

Mr. Wafula for the Petitioner

Court Assistant – Kirong

Directions given in open court.