In re Estate of Luke Owuor Ochido - Deceased [2023] KEHC 25967 (KLR)

In re Estate of Luke Owuor Ochido - Deceased (Probate & Administration E015 of 2021) [2023] KEHC 25967 (KLR) (22 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25967 (KLR)

Republic of Kenya

In the High Court at Kisumu

Probate & Administration E015 of 2021

RE Aburili, J

November 22, 2023

IN THE MATTER OF THE ESTATE OF LUKE OWUOR OCHIDO – DECEASED PETITION FOR LETTERS OF ADMINISTRATION AD COLLIGENDA BONA

Between

Philipa Amulo Ochido

Applicant

and

Margaret Achieng Kaseje

Respondent

Ruling

1. As there is an indication that the Land records are not traceable and the Land Registrar needs more time to trace or reconstruct the Lands records relating to the estate of Luke Owuor Ochido, I hereby direct that the Land Registrar, Kisumu County files into court an affidavit on the situation of the Register relating to the estate immovable properties of Luke Owuor Ochido to enable the court give appropriate directions and for this succession cause to progress to its logical conclusion.

2. In the meantime, the beneficiaries of the estate are implored to work out a formula of distribution of the estate to facilitate the process of filing of summons for confirmation of the grant.

3. The affidavit of the Land Registrar to be filed within fourteen (14) days of today.

4. Mention on 11th December 2023 to confirm the filing of the same and for appropriate directions.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE