Edward O Shisoka v Rispa Omusotsi Shisoka [2013] KEHC 5529 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

SUCCESSION NO. 78 OF 2011

IN THE MATTER OF THE ESTATE OF JACOB SHISOKA ANDASHI alias SHISOKA ANDABUSHI AMAKATI ………………………….. DECEASED

EDWARD O. SHISOKA …………………………..………………………………PETITIONER

V E R S U S

RISPA OMUSOTSI SHISOKA ………………………………..………………….. OBJECTOR

R U L I N G

The dispute herein is between the petitioner and his mother who objects to his administration of the estate of the late SHISOKA AMAKATI.  The matter was partly heard and I had thought that it would be resolved amicably out of court.  The surveyors went to the site and demarcated the land in line with what the petitioner would like to have the estate distributed.  When the parties appeared before me it appeared that the objector and some of her children are still against the proposal by the petitioner.  For purposes of being fair to all the parties I do direct that this matter be heard afresh and parties be at liberty to call witnesses.  The purchasers shall also be at liberty to testify.

It is so ordered.

Delivered, dated and signed at Kakamega this 25th day of July 2013

SAID J. CHITEMBWE

J U D G E