Adda Ndakala Handa & Noah Nduku Handa v Edward Omwaka Handa [2014] KEHC 6287 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT KAKAMEGA

SUCCESSION CAUSE NO:  336  OF  2008

IN THE MATTER OF THE ESTATE OF  JOHNSTONE HANDA  MUTSEMBI ALIAS  JOHNSTONE

HANDA.............................DECEASED

AND

ADDA  NDAKALA  HANDA..................................................PETITIONERS

NOAH  NDUKU  HANDA

VERSUS

EDWARD  OMWAKA  HANDA.................................................OBJECTOR

DIRECTIONS

I have gone through the evidence on record adduced by the objectors.  The main issue for determination is the distribution of the deceased’s estate.  From the evidence and the pleadings, there is no clarity as to what exactly constitute the deceased’s estate and how each of the two parties would like to have the estate distributed.

I do therefore make the following directions;-

The objectors to file and serve an affidavit itemizing the deceased’s entire estate and make their proposals on the mode of distribution within 14 days hereof.

The petitioner to respond to the objectors mode of distribution and list of assets by filing their proposed mode of distribution within 14 days , after service.

This matter is listed for mention to confirm the above two directions.

Dated, signed and Delivered at Kakamega this 20th day of March 2014.

SAID  J.  CHITEMBWE

JUDGE