IN THE MATTER OF THE ESTATE OF JOHNSTONE KHISA KILOLI v KESHA NASIKE MUSUNGU & ANOTHER [2010] KEHC 2010 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE

Succession Cause 35 of 2010

IN THE MATTER OF THE ESTATE OF JOHNSTONE KHISA KILOLI

(DECEASED)

AND

KESHA NASIKE MUSUNGU MARY NANJALA LUSANO..........................................PETITIONER.

R U L I N G.

There is no doubt from annexture JKKVI that a grant was issued by Mbogholi – J on 28/1/2009. According this is a duplication of the process hence an abuse of the process, of this court.

This application dated should be withdrawn by the applicant by 3/6/2010. If not the respondent to argue his notice of preliminary objection on 3/6/2010. The respondent to serve the firm of Mwangi Wahome advocate with notice for hearing on 3/6/2010.

Dated and delivered at Kitale this 6th day of May, 2010.

N.R.O. OMBIJA.

JUDGE.