Gaudensia Akinyi Aluoch & 1 other v Achieng Angeto Owanda

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU SUCCESSION CAUSE NO. 662 OF 2008 IN THE MATTER OF THE ESTATE OF ALFRED ODOTE ANGETO (DECEASED) BETWEEN GAUDENSIA AKINYI ALUOCH ............................................1ST APPLICANT/OBJECTOR RAPHAEL OTIENO ALUOCH .............................................2 ND APPLICANT/OBJECTOR AND ACHIENG ANGETO OWANDA ............................................PETITIONER/RESPONDENT AND KENNEDY ATALITSA MAJANI........................................................INTERESTED PARTY DIRECTIONS 1. I have considered the notice of motion amended on 24.01.2020 and filed on 27.01.2020 by the 1st and 2nd Applicants/Objectors and the response by the Interested party and I have come to the conclusion that this is not a matter that ought to be determined by affidavit evidence. 2. It is therefore hereby ordered THAT: 1) This matter be determined by way of viva voce evidence 2) For the purpose of the hearing, the 1st and 2nd Applicants/Objectors shall be the plaintiffs and their affidavit sworn on 24.01.2020 shall be the plaint 3) 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 4) Parties shall file and exchange witness statements with each party having 21 days with the 1 st and 2nd Applicants/Objectors starting 5) Mention on 30.11.2020 to confirm compliance and for direction as to the hearing of the Objection. 6) Further to the foregoing, this court finds that the interest of justice dictate that the Applicants/Objectors be protected from eviction from KISUMU/WATHOREGO/680 (the disputed property) pending the hearing and determination of this objection. The Interested Party is therefore restrained from interfering with the Applicants/Objectors occupation and use of KISUMU/WATHOREGO/680 (the disputed property) until these objection proceedings are determined or until other and/or further orders of the court. DATED AT KISUMU THIS T. W. CHERERE JUDGE 21st DAY OF October 2020

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