In re Estate of Edward Akelo Nyangór (Deceased) [2021] KEHC 9540 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

(CORAM: CHERERE-J)

SUCCESSION CAUSE NO. 84 OF 1998

IN THE MATTER OF THE ESTATE OF EDWARD AKELO NYANGÓR

(DECEASED)

BETWEEN

ROBERT ACHAPA AKELLO.................................OBJECTOR/APPLICANT

AND

HARRISON OUMA AKELO...........1STADMINISTRATOR/RESPONDENT

AND

HERINE AKINYI AKELO..........................................2NDADMINISTRATOR

EMMANUEL OMONDI AKELO...............................3RDADMINISTRATOR

DIRECTIONS

1. By a judgment dated 21st October, 2020, I made orders that:

1) Harrison, Herine and Emmanuel are to procure a recent valuation of LR. NO. 1148/1059 (both the land and buildings thereon) by their preferred licensed valuer within 60 days of today’s date

2) The valuation reports are to be filed into court within the stated period alongside a list of two names by each side to the dispute, of their preferred licensed auctioneers to undertake the sale of the suit property as will be directed by the court.

3) Further to the foregoing, Harrison, Herine and Emmanuel shall also file a detailed statement of account for the joint rent collection account.

4) Whatever proceeds will be realized from the sale and rents shall be shared equally amongst the surviving children of the deceased except Harrison Ouma Akelo who has benefited from the asset for the last 22 years

5) This matter shall be mentioned on 25. 01. 2021 to confirm compliance

6) Certificate of confirmation of grant shall isuue in terms of Paragraph 11 and 21(4) above

2. What is pending in this matter is confirmation of compliance with the court’s orders and any other matter that may arise therefrom.

3. This matter is therefore referred to Kisumu for disposal.

Dated at Meru this 18th Day of January 2021

T. W. CHERERE

JUDGE