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No end in sight to 30-year succession battle for businessman's wealth

By Jack Murima | June 13th 2019 at 00:00:00 GMT +0300

A 30-year-old succession battle continues to split the family of the late businessman Likabo Inyama Lusala with his daughters now claiming they were left out in the sharing of their father's estate.

The three daughters have now asked the court to revoke or amend a certificate of confirmation of grant to enable them get part of the more than 60 acres their father left behind.

Esther Lihavi, Ruth Shisasabale and Elizabeth Agiza filed an application, saying one of their brothers had barred them from accessing their father’s land, especially the homestead, and has treated the property as exclusively his.

In their suit papers, the three swore that their father had five wives and they are children of the second wife yet they have been left out in distribution of the estate.

Their elder brother, Machanja Ligabo, was made the administrator and was tasked to ensure all his siblings got their rightful share of the vast estate.

Dr Machanja was yesterday expected to account for the proceeds realised from rent collected from a plot at Khayega, Shinyalu sub-county, that was left behind by their father.

This is after his youngest brother, Inyama Likabo, sought to have the administrator committed to a six-month civil jail for flouting a court order on how the property should be shared among the beneficiaries.

Share proceeds

Mr Likabo wants his brother to be cross-examined on claims that he did not equally share proceeds realised from the sale of a jaggery machine.

The three applicants aver that all their brothers were allocated parcels of land but they were not, which they contend is contrary to the expectations of their father.

They claim it was the wish of their father for the land in Ishukha to be accessible to all his children and a portion be carved out for his daughters.

However, to their detriment, their younger brother, they contend, had “exhibited unprecedented animosity including preventing us from accessing the homestead of the deceased on claims that the land and the homestead are exclusively his.”

They want to be allocated at least one acre of the said land, which should include the homestead, kitchen block, graveyard and store block.

“Our demand for only one acre is not unreasonable. It is fair and proportionate given that the lion’s share of the estate has been given to the sons. We intend to use the house as the converging centre for ceremonies and meetings,” they swore in their joint affidavit.

They insist every family member has sentimental attachment to the homestead with Sh5 million bungalow, saying it hosted first President Mzee Jomo Kenyatta and other distinguished leaders.

The court had ordered Machanja and Likabo to share the said land equally.

Lusala died in 1984 without leaving any will.

Judge Jesse Njagi ordered the sisters to serve the respondents with the application to enable them respond.

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