Margaret Anyango Odera & Albert Odhiambo Owi v Peter Ochola Odera [2014] KEHC 843 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

SUCCESSION NO. 552 OF 2007

IN THE MATTER OF THE ESTATE OF PHILIP ODERA OWI..................................................................................DECEASED

AND

IN THE MATTER OF A PETITION BY: MARGARET ANYANGO ODERA

& ALBERT ODHIAMBO OWI

AND

IN THE MATTER OF APPLICATION BY: PETER OCHOLA ODERA....................................................INTERESTED PARTY/APPLICANT

R U L I N G

The application dated 5-3-2014 though earlier on ordered that it provides by way of written submissions this court is of the considered opinion that it cannot be disposed by this method.

The issues raised are weighty and in particular whether the objectors/applicants are indeed the children to the deceased. This question can only be decided by way of oral evidence.

In the premises I do order that the same be heard by way ofviva voce evidence. The objectors shall be the plaintiffs and the respondent the defendants.

Orders accordingly.

Dated, signed and delivered at Kisumu this 17th day of November, 2014.

H.K. CHEMITEI

JUDGE