In The Matter Of The Estate Of Noreri Chacha (Deceased) [2017] KEHC 2953 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MIGORI

SUCCESSION CAUSE NO. 275 OF 2015

IN THE MATTER OF THE ESTATE OF NORERI CHACHA (DECEASED)

-between-

OMARI M. ADAN.................................................PETITIONER

-and-

JACOB GITINGORI MWITA

BENEDICT MARWA MWITA

AUGUSTINE PETER MWITA.............................OBJECTORS

DIRECTIONS

1. This cause was initially filed in the Senior Resident Magistrate’s Court at Kehancha and thereafter transferred to the High Court at Kisii before it was subsequently transferred to this Court.

2. From the record a grant was issued by the lower Court and thereafter an objection filed and heard by way of oral evidence but before the lower court could deliver its decision the matter was transferred aforesaid. The proceedings were thereafter set aside by an order of the High Court at Kisii and the hearing of the objection began de novo before this Court.

3. As this Court retired to write the ruling on the objection, I have noted that the Petitioner indicated that he filed an application for confirmation of the grant and prayed for the confirmation of the grant in his submissions. The Objectors restricted themselves to the objection but also made a mention on an application for the confirmation of the grant in their submissions.

4. I have carefully perused the record but did not come across any application for the confirmation of the grant. I therefore direct the parties herein to address this Court on whether the application for the confirmation of the grant was filed to enable this Court give appropriate directions.

DELIVERED, DATED and SIGNED at MIGORI this 11th  day of October 2017.

A. C. MRIMA

JUDGE