REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU SUCCESSION CAUSE NO.268 OF 2010 IN THE MATTER OF THE ESTATE OF: EDWARD JOBUNGA OKUMU AND IN THE MATTER OF AN APPLICATION BY: STEPHEN MIRUKA OKUMU PHANUEL ONYANGO OKUMU JACOB OTIENO JOBUNGA FREDRICK ODHIAMBO JAGERO AND IN THE MATTER OF OBJECTION TO GRANT BY MONICA ELIZABETH DONDE OCHIENG TRUPHENA ODONGO OKONG'O GRACE AKINYI ONYANGO ZILPHA ATIENO RAO RULING The court has perused the objection proceedings as well as the Notice of Motion dated 28th July 2015 both by the objectors. The court has further perused the able submissions by the respective advocates. The issues raised are weighty and cannot be determined by affidavits and submissions. In the premises I do order that the same be determined by way of viva voce evidence. The objectors shall be the plaintiffs and the respondents the defendants. The objectors affidavits shall be treated as plaint and the replying affidavits shall be the defence. Both parties shall be at liberty to file further documentary evidence if any. Orders accordingly. Dated. Signed and delivered this 23rd day of March 2016 H. K. CHEMITEI JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.