|Succession Cause 418 of 2001
|MWANAHAWA MUSHIERE SAIDI v PAULINE OGANY AMBULULI
|14 Apr 2011
|High Court at Kakamega
|MWANAHAWA MUSHIERE SAIDI v PAULINE OGANY AMBULULI  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
SUCCESSION CAUSE NO. 418 OF 2001
2. From the supporting Affidavit of Pauline Agany Ambululi, it is her case that she was the widow of one Shem Ambululi Makunda (deceased). That Shem was a brother of Saidi Mangala Juma who is the deceased in this case.
4. That when the present cause was filed, all the above information was placed before court and parcel No. 4972 was transmitted to Mohamed Mwanda Muhanya and Rukia Khayesi in a bid to defeat the claim by Shem and now his legal representative, Pauline, aforesaid.
6. On my part, and since the substantive proceeding is the Summons for Revocation, I am satisfied that the Applicant’s claim is not idle and prima facie, she may well have a discernible interest in the parcel of land, No. 1492. That interest needs to be investigated in view of the issues raised by the Respondent and to see whether there is any lawful reason to revoke the grant and take that interest into account when redistributing the estate, should that action be necessary.
8. I will issue the inhibition as is sought at prayer (i) of the Application dated 18.5.2010 and in the meantime directions should be taken as regards prayers (ii), (iii), (iv), (v), (vi) and (viii) of that Application.
10. Orders accordingly.
J U D G E