The High Court in Nakuru will first determine the ownership structure of Naivas Supermarket before arbitrating on a succession row.
Judge Anyara Emukule ruled it was necessary that the court establishes whether the supermarket chain is a family business and thus part of the estate of the late Peter Mukuha Kago or a limited company where some family members had bought into.
One of the sons Newton Kagiha is objecting to his brother's and Naivas chairman Simon Gashwe's administration of their father's estate on grounds that his siblings plan to disinherit him.
He has accused his younger brother Gashwe of obtaining a letter of administration over the estate through fraudulent means by forging his signature and that of his two sisters.
Kagiha has accused his brother of misrepresenting their late father's estate by claiming that he held 20 per cent of the shares when in actual sense, the deceased had a 30 per cent stake in the Sh6 billion empire. The legal tussle surrounding the family and their late father's estate has been in court since November 2012.
He alleged that if the deal between Naivas and South Africa retail chain Mass- Mart was allowed to continue, it would defeat the interests of other beneficiaries of Mukuha's estate. MassMart later pulled out of the talks.