[2013] KEHC 5529 (KLR)
The court determined that, given the continued objection by the objector and some beneficiaries to the petitioner's proposed distribution of the estate, and in the interest of fairness to all parties, the matter should be heard afresh. The court exercised its discretion to allow all parties, including purchasers, to...
Source-derived case information.
- Citation
- [2013] KEHC 5529 (KLR)
- Parties
- Applicant: Edward O. Shisoka; Respondent: Rispa Omusotsi Shisoka
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 78 of 2011
- Procedural Posture
- Succession Cause / Interlocutory Ruling
- Outcome
- Matter to be heard afresh; all parties granted liberty to call witnesses.
- Legal Topics
- Succession, Administration of Estates, Objection to Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward O. Shisoka
Applicant
Rispa Omusotsi Shisoka
Respondent
Procedural Posture
Succession Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the estate of the deceased should be distributed as proposed by the petitioner.
- 2 Whether the objector and other beneficiaries' objections to the proposed distribution should be upheld.
- 3 Whether the matter should proceed to a full hearing with liberty to call witnesses.
Ratio Decidendi
The court determined that, given the continued objection by the objector and some beneficiaries to the petitioner's proposed distribution of the estate, and in the interest of fairness to all parties, the matter should be heard afresh. The court exercised its discretion to allow all parties, including purchasers, to call witnesses and present their cases fully before a final decision on the distribution of the estate is made. This approach ensures that the rights of all interested parties are protected and that the distribution of the estate is conducted transparently and justly.
Court Disposition
Matter to be heard afresh; all parties granted liberty to call witnesses.
Orders
- The matter shall be heard afresh.
- All parties are at liberty to call witnesses.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION NO. 78 OF 2011
IN THE MATTER OF THE ESTATE OF JACOB SHISOKA ANDASHI alias SHISOKA ANDABUSHI AMAKATI ………………………….. DECEASED
EDWARD O. SHISOKA …………………………..………………………………PETITIONER
V E R S U S
RISPA OMUSOTSI SHISOKA ………………………………..………………….. OBJECTOR
R U L I N G
The dispute herein is between the petitioner and his mother who objects to his administration of the estate of the late SHISOKA AMAKATI. The matter was partly heard and I had thought that it would be resolved amicably out of court. The surveyors went to the site and demarcated the land in line with what the petitioner would like to have the estate distributed. When the parties appeared before me it appeared that the objector and some of her children are still against the proposal by the petitioner. For purposes of being fair to all the parties I do direct that this matter be heard afresh and parties be at liberty to call witnesses. The purchasers shall also be at liberty to testify.
It is so ordered.
Delivered, dated and signed at Kakamega this 25th day of July 2013
SAID J. CHITEMBWE
J U D G E