Beatrice Chebendi v Nelson Mikisi Maruti [2014] KEHC 6691 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT KAKAMEGA

SUCCESSION CAUSE NO:  123  OF  1997

IN THE MATTER OF THE ESTATE OF  MARUTI  TARAKWA...............................................................................DECEASED

AND

BEATRICE  CHEBENDI.........................................................PETITIONER

VERSUS

NELSON  MIKISI  MARUTI....................................................OBJECTOR

DIRECTIONS

I have gone through the evidence on record and the pleadings filed by the respective parties.  I do find that it will be difficult for the court to make a decision and distribution the estate without knowing the actual position on the ground.  The evidence shows that part of the land was sold to some buyers.  It’s not very clear how many acres were sold and how many are remaining.  The court may have to visit the suit land.  There is need to talk to the purchasers including Lurisia Kasucha, Nelson Mutali, John Mandalala, Mukwana and Mama Ana.  A date for the site visit shall be fixed in court.  Matter shall be fixed for mention for that purpose.

Dated, signed and Delivered at Kakamega this 26th day of February 2014.

SAID  J.  CHITEMBWE

JUDGE