[2024] KEHC 12686 (KLR)

[2024] KEHC 12686 (KLR)

The court determined that, following the site visit and in order to facilitate the fair and accurate administration of the deceased's estate, it was necessary to direct the County Surveyor of Kisumu County to assist the Petitioners in identifying the specific land parcels forming part of the estate. The Petitioners,...

Source-derived case information.

Citation
[2024] KEHC 12686 (KLR)
Parties
Applicant: Abigael Odhingo; Applicant: Pauline Obita; Applicant: Pamela Ochieng
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 196 of 2013
Procedural Posture
Succession Cause / Interlocutory Ruling
Outcome
Interlocutory orders granted for identification of estate land parcels by County Surveyor; visit adjourned.
Judges
MS Shariff
Legal Topics
Estate Administration, Identification of Land Parcels
Source Language
en
Family and Children Land and Property Estate Administration Identification of Land Parcels

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Parties

Abigael Odhingo

Applicant

Pauline Obita

Applicant

Pamela Ochieng

Applicant

Procedural Posture

Succession Cause / Interlocutory Ruling

Legal Issues

  1. 1 Whether a County Surveyor should be appointed to identify the specific land parcels forming part of the deceased's estate.
  2. 2 Who should bear the costs of the County Surveyor's services.

Ratio Decidendi

The court determined that, following the site visit and in order to facilitate the fair and accurate administration of the deceased's estate, it was necessary to direct the County Surveyor of Kisumu County to assist the Petitioners in identifying the specific land parcels forming part of the estate. The Petitioners, as the parties seeking the court's intervention, were ordered to bear the costs associated with the surveyor's services. This approach ensures clarity in the identification of estate assets and supports the orderly distribution of the estate in accordance with succession law.

Court Disposition

Interlocutory orders granted for identification of estate land parcels by County Surveyor; visit adjourned.

Orders

  • The site visit is adjourned to 31.10.2024 at 12:00.
  • The County Surveyor Kisumu County is directed to assist the Petitioners in identifying parcels No. Kisumu/Tamu/523, Kisumu/Tamu/123, Kisumu/Tamu/819, Kisumu/Tamu/822, Kisumu/Tamu/855, Kisumu/Tamu/856 and Kisumu/Tamu/857.