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JudgmentIN THE MATTER OF THE ESTATE OF THE LATE MORUMBWA MOGONGO NYARINGO ....DECEASED AND RICHARD MASESE MORUMBWA ...APPLICANT VS ESTHER KERUBO MORUMBWA ....RESPONDENT1 min read

IN THE MATTER OF THE ESTATE OF THE LATE MORUMBWA MOGONGO NYARINGO ....DECEASED AND RICHARD MASESE MORUMBWA ...APPLICANT VS ESTHER KERUBO MORUMBWA ....RESPONDENT

High Court at Kisii High Court · · Odera Teresa Achieng


        RULING

I have heard the parties herein and I have also perused  the record this is a 2015 succession cause . The matter is for hearing of the protest  dated 27.1.21 . Direction on hearing of the motion were given on 22.9.21 . on 24.11.21 the protester sought adjournment as she was bereaved. On 21.2.21 the matter could not be reached. On 31.5.22 the objector was indisposed. On 13.12.23 directions were given again for viva voce evidence and counsel confirmed that documents had been exchanged and they were ready for hearing. Hearing was fixed for 24.1.24 when the court was told that the objector was indisposed. Today we are told that the objector wishes to file some documents which they seek to rely on. We are not told why the documents were not filed since 2021 when the objection was filed . The dispute hearing as per the objection filed is  which house should inherit Matutu 373, 372 and Bassi  469. In any event in his ruling dated 14.10.20  justice Anthony Ndungu directed that if any party wanted to rely on a will they should file summons for revocation of grant. It is clear that the  objector is out to delay the determination of the succession cause herein . the duty of this court is to identify the beneficiaries and distribute the estate according to the law. Expeditious disposal of cases is now enshrined in Article the constitution. The objector will have time to ventilate her case in the hearing as per the documents she filed as parties are bound by their pleadings  . I order that the case proceeds today .