Anna Mutola Katumanga v Paul Esohe Katumanga [2013] KEHC 1079 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

SUCCESSION CAUSE NO. 250 OF 1999

IN THE MATTER OF THE ESTATE OF LAWRENCE KATUMANGA LIKHANGA

ANNA MUTOLA KATUMANGA ……………….………………………….. PETITIONER

V E R S U S

PAUL ESOHE KATUMANGA ………………………..……………………….. OBJECTOR

DIRECTIONS

I have gone through the application dated 30. 5.2011 which seeks review of the distribution of the estate.  I note that the estate was distributed without parties giving oral evidence.  Further it appears that a ruling was to be delivered by Justice Thuranira but the court seems not to have delivered any ruling and called for all the beneficiaries.  Although I was expected to deliver a ruling I do find that any ruling based on the documents in the file without hearing the parties will not settle the dispute amicably.  I also feel that the court ought to visit the suit land and see the exact position on the ground.  That being the case, the court directs that parties attend court on a date to be given by the registry for further hearing dates to be fixed.

DATED AT KAKAMEGA THIS DAY OF 14th NOVEMBER 2013

SAID J. CHITEMBWE

J U D G E