In re Estate of Owino Omogi alias Owino Omogi (Deceased) [2022] KEHC 13408 (KLR)

In re Estate of Owino Omogi alias Owino Omogi (Deceased) (Family Appeal E003 of 2022) [2022] KEHC 13408 (KLR) (4 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13408 (KLR)

Republic of Kenya

In the High Court at Siaya

Family Appeal E003 of 2022

RE Aburili, J

October 4, 2022

Between

Wilson Omogi Owino

Petitioner

and

Kennedy Owino Omogi

Respondent

Ruling

1. In this matter, as the parties’ counsel are not opposed to preservation of the estate of the deceased Owino Omogi alias Owino Omogi, I hereby order that the estate of the named deceased person comprising Land Parcel No. North Ugenya/Karadolo/243 shall be preserved to the extent that none of the parties to this appeal shall be allowed to intermeddle with the said estate/parcel of land by way of sale, alienation, transfer, or construction of new houses until this dispute is heard and determined in this court.

2. The parties are implored to agree on the administration of the estate of the deceased amicably.

3. Accordingly, the application dated 20/9/2022 is hereby spent, with the Appellant being directed to file and serve a record of appeal within 21 days of this date.

4. Mention on 23/11/2022 for directions on the disposal of the appeal if the parties fail to reach a compromise.

5. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 4TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE