In re Estate Abraham Okonda Okuyosi (Deceaced) [2019] KEHC 3610 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITALE

MISC. SUCCESSION CAUSE NO. 32 OF 2015

IN THE MATTER OF THE ESTATE OF THE LATE ABRAHAM OKONDA OKUYOSI.....DECEACED

AND

IN THE MATTER OF A CITATION IN RESPECT OF HIS ESTATE

BETWEEN

PAUL MUSYOKA KALOKI................................APPLICANT/RESPONDENT

AND

PHYLIS AMWAYI OKUYOSI....................1ST RESPONDENT/APPLICANT

CATHERINE NASIMIYU...........................2ND RESPONDENT/APPLICANT

RULING

1. This is an application for citation.  The Citor claims that he purchased land parcel No. Kakamega/Nzoia/340 from the deceased Abraham Okonda Okuyosi.  He attached 4 handwritten sets of sale agreement.

2. Apparently the deceased seemed to have died before effecting transfers.  Its alleged that the Citees are Successors to his estate by virtue of their relationship with the deceased.

3. The Citees are claiming that the deceased did  not leave behind any estate and thus the citation proceedings are annullity.  There is a  matter namely Kitale Environment and Land Case No. 69 of 2015 pitting the parties herein.

4. Taking into consideration the prima facie evidence herein and specifically the Sales agreements between the deceased and the Citor and considering the Provisions of Section 66 of the Succession Act Cap 160 I am satisfied  that the application herein is meritorious.

5. The same is  therefore allowed.  The Citees are ordered to take out letters of Administration of the Estate of the late Abraham Okonda Okuyosi within the next 30 days and in default the Citor Paul Musyoka Kaloki be at liberty to do so.

6. Costs in the cause.

Delivered, signed and dated at Kitale this  3rd day of April, 2019.

_______________

H.K. CHEMITEI

JUDGE

03/4/19

In the presence of;

Mr. Wanyama holding brief for Ambutsi for Respondent

No appearance for the Applicant

Court Assistant – Kirong

Ruling read in open court.