In re Estate of Alfred Odote Angeto (Deceased) [2020] KEHC 2426 (KLR)

Summary at a glance

Facts

The estate of Alfred Odote Angeto is involved, with Gaudensia Akinyi Aluoch and Raphael Otieno Aluoch as applicants/objectors, and Achieng Angeto Owanda as the petitioner/respondent. Kennedy Atalitsa Majani is an interested party.

Issues

• Whether the matter should be determined by affidavit evidence.
• Whether the applicants/objectors should be protected from eviction from the disputed property pending the hearing and determination of the objection.

Reasoning

The court considered the notice of motion and response, concluding that the matter should be determined by viva voce evidence. The court also found that the interest of justice requires protection for the applicants/objectors.

Outcome

The court ordered that the matter be determined by viva voce evidence, with the applicants/objectors as plaintiffs and the interested party as the defendant. The court also restrained the interested party from interfering with the applicants/objectors' occupation and use of the disputed property until the proceedings are determined.

Orders

• This matter be determined by way of viva voce evidence.
• The 1st and 2nd Applicants/Objectors shall be the plaintiffs and their affidavit sworn on 24.01.2020 shall be the plaint.
• The Interested party shall be the defendant and his replying affidavit sworn on 16.09.2020 and filed on 18.09.2020 shall be the defence.
• Parties shall file and exchange witness statements with each party having 21 days with the 1st and 2nd Applicants/Objectors starting.
• Mention on 30.11.2020 to confirm compliance and for direction as to the hearing of the Objection.

Remedies

• Protection from eviction from the disputed property pending the hearing and determination of the objection.