In re Estate of Okisai Kiroge (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Siaya
Category
Civil
Judge(s)
R.E. Aburili
Judgment Date
September 03, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3




REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
BUNGOMA PROBATE AND ADMINISTRATION CAUSE NO. 153 OF 1998
IN MATTER OF THE ESTATE OF OKISAI KIROGE – DECEASED
AND
WYCLIFFE KIROGE ONYAMASI ......................................................PETITIONER
VERSUS
WEPUKHULU NAKITARE ..........................................OBJECTOR/APPLICANT

RULING
1. I have considered the application for leave to be heard during the recess. I grant leave to the applicant to be heard during the recess.
2. On the main Notice of Motion dated 13.8.2020, I observe that the orders sought include revocation of a grant and placement of restriction on Land Parcel No. South Malakisi/Mwalie/4 and subsequent titles, which titles are not named.
3. For that reason, I am unable to consider the merits of the prayer sought as it does not name all the titles sought to be restricted. I however find the application discloses urgency.
4. I certify it as urgent and direct the applicant to serve the Respondent for interpartes consideration before the Presiding Judge at Bungoma on 17.9.2020.
5. This file to be returned to Bungoma High Court for final determination.
6. Orders accordingly.

Dated, Signed and Delivered at Siaya this 3rd Day of September, 2020
R.E. ABURILI
JUDGE
Recess Duty Judge

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