In re Estate of Alfred Odote Angeto (Deceased) [2020] KEHC 2426 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION CAUSE NO. 662 OF 2008

IN THE MATTER OF THE ESTATE OF ALFRED ODOTE ANGETO (DECEASED)

BETWEEN

GAUDENSIA AKINYI ALUOCH ............................................1STAPPLICANT/OBJECTOR

RAPHAEL OTIENO ALUOCH .............................................2NDAPPLICANT/OBJECTOR

AND

ACHIENG ANGETO OWANDA ............................................PETITIONER/RESPONDENT

AND

KENNEDY ATALITSA MAJANI........................................................INTERESTED PARTY

DIRECTIONS

1.  I have considered the notice of motion amended on 24. 01. 2020 andfiled on 27. 01. 2020 by the 1st and 2nd Applicants/Objectors and the response by the Interested party and I have come to the conclusion that this is not a matter that ought to be determined by affidavit evidence.

2.   It is therefore hereby ordered THAT:

1) This matter be determined by way of viva voce evidence

2) For the purpose of the hearing, the 1stand 2ndApplicants/Objectors shall be the plaintiffs and their affidavitsworn on 24. 01. 2020 shall be the plaint

3) The Interested party shall be the defendant and his replying affidavit sworn on 16. 09. 2020 and filed on 18. 09. 2020 shall be the defence

4)  Parties shall file and exchange witness statements with each party having 21 days with the 1stand 2ndApplicants/Objectors starting

5) Mention on 30. 11. 2020 to confirm compliance and for direction as to the hearing of the Objection.

6)  Further to the foregoing, this court finds that the interest of justice dictate that the Applicants/Objectors be protected from eviction from KISUMU/WATHOREGO/680 (the disputed property) pendingthe hearing and determination of this objection. The Interested Party  is therefore  restrained from   interfering with  the Applicants/Objectors    occupation   and   use of KISUMU/WATHOREGO/680 (the disputed property) until these objection proceedings are determined or until other and/or further orders of the court.

DATED AT KISUMU THIS    21st  DAY OF  October 2020

T. W. CHERERE

JUDGE

Court Assistants                - Ms. Amondi/Ms. Okodoi

For Objectors/Applicants - Ms. Owino for Anyango Owino & Co. Advocates

For Interested Party     - Mr. Ragot for Owiti, Otieno & Ragot Advocates