Kundukvi v Andrea Ashiribwa Muhatia Leonida Atamba Anyula

vi) MARGARET IMBITI MUHATIA vii) MARY MASITSA MUHATIA viii) ANDRE ASIBWA MUHATIA ix) 2. LEAH IMBITI MUHATIA” He also left behind land parcel no. Isukha/Murhanda/1029 measuring 1.9 hectares in size. 3. A grant of letters of administration was issued to Hellen Inamani Mwakha on 9.12.2009 and in an application to confirm the grant dated 19.7.2010, she proposed to distribute the land as follows; “ISUKHA/MURHANDA/1029 ANDREA SHILIBOHA MUHATIA LEONIDA ATAMBA ANYULA LEA IMBITI HELLEN INAMANI PERUS KHALUYI GLADYS CHIMWANI MARY MASITSA MARGARET IMBITI MUHATIA” 4. - 1.0 ACRES 1.0 ACRES ¾ ACRE - 1 ¾ ACRES JOINTLY In an Affidavit of protest sworn on 6.12.2010, Andrew Asibwa Muhatia deponed that; i) title no. Isukha/Murhanda/639 belonging to the deceased had been left out of the distribution schedule ii) the deceased had more than one house and had prior to his death distributed the estate as follows; 1ST HOUSE – ISUKHA/MURHANDA/639 i) LEONIDA ATAMBA ANYULA ii) HELLEN INAMANI MUHATIA iii) PERES KHALIOHI MUHATIA iv) GLADYS CHIMWANI MUHATIA v) MAURICE SHIVANDA MUHATIA

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vi) MARGARET IMBITI MUHATIA vii) MARY MASITSA MUHATIA 2ND HOUSE – ISUKHA/MURHANDA/1039 i) ANDREW ASIBWA MUHATIA ii) LEAH IMBITI MUHATIA” 5. Having considered all matters before me, it is not fair, as was ordered earlier, to distribute the estate without title no. 639 being authenticated as belonging to the deceased. I say so because no party, including the Protester, has brought evidence of that fact. Further, it is unclear whether Maurice Shivanda has any interest in the estate as Hellen Inamani left him out and Andrew Asibwa wants him included. 6. In the event, I will order that oral evidence be taken to address the above issues before any order as to distribution can be made. 7. Orders accordingly. Delivered, dated and signed at Kakamega this 14th .day of April, 2010 ISAAC LENAOLA JUDGE

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