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…The parties were directed to file further affidavits to propose such distribution. After that the cause was heard on submissions based on the affidavits on record.…

…But in view of the production of the aforesaid affidavit, which is not disputed by the Objector, the fate of the Kiambu property was sealed by the last wish of the deceased.…

…On14th March, 1989, Mr A.A.K.Esmail for the Creditor filed his affidavit stating that on 25th February, 1988, the creditor, sued the debtor in High Court Case No 696 of 1988 for possession of premises known as L.R. 37/142…

…The other point raised by Justus Kalinga in his further affidavits that this petition cannot be determined until the final determination of the said appeal.…

…In his affidavit in support of the application, the applicant has deponed that both the respondents are his estranged wives. That the ten (10) children are not his.…

…Momanyi for the respondents relied on the replying affidavit and added that the application is fatally defective for having been brought under the wrong section of the law.…

…In order to rule on this the Court will have to call for affidavits of means from each side stating the income and expenditure in terms of s 25 (2) of the Matrimonial Causes Act cap 152 Laws of Kenya.…