[2025] KEHC 5072 (KLR)
The court determined that the protests filed against the application for confirmation of grant raise weighty and substantive issues, particularly concerning the distribution of the estate and the ownership of specific land parcels. These issues cannot be adequately resolved through affidavit evidence alone. To...
Source-derived case information.
- Citation
- [2025] KEHC 5072 (KLR)
- Parties
- Applicant: Lucy Wangari Waweru; Applicant: Alice Nyawira; Applicant: John Ngonjo; Applicant: Nancy Wambui; Respondent: Patrick Njuguna Waweru; Respondent: Patricia Muthoni Waweru; Respondent: Lucy Wangari Waweru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E3153 of 2022
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for viva voce hearing of the application for confirmation of grant; parties to file and exchange documents within 30 days; costs in the cause; hearing date to be set on priority basis.
- Judges
- HK Chemitei
- Legal Topics
- Confirmation of Grant, Distribution of Estate, Affidavit Evidence, Oral Evidence, Land Parcels, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wangari Waweru
Applicant
Alice Nyawira
Applicant
John Ngonjo
Applicant
Nancy Wambui
Applicant
Patrick Njuguna Waweru
Respondent
Patricia Muthoni Waweru
Respondent
Lucy Wangari Waweru
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the application for confirmation of grant dated 20th December 2023 should be determined on affidavit evidence or oral evidence.
- 2 How the estate, including land parcels Dagoretti/Riruta, should be distributed among the beneficiaries.
- 3 Whether the protests filed raise issues that require viva voce evidence.
Ratio Decidendi
The court determined that the protests filed against the application for confirmation of grant raise weighty and substantive issues, particularly concerning the distribution of the estate and the ownership of specific land parcels. These issues cannot be adequately resolved through affidavit evidence alone. To ensure a fair and meaningful distribution of the estate, the court directed that the application for confirmation of grant be determined by way of viva voce (oral) evidence. The respondents will be treated as plaintiffs and the applicants as defendants in the hearing. The court further directed the parties to file and exchange all necessary documents and witness statements within 30...
Court Disposition
Directions issued for viva voce hearing of the application for confirmation of grant; parties to file and exchange documents within 30 days; costs in the cause; hearing date to be set on priority basis.
Orders
- The application dated 20th December 2023 shall be determined by viva voce evidence, with respondents as plaintiffs and applicants as defendants.
- Parties are granted 30 days to file and exchange documents and witness statements.
Full Case Text
Judgment text and source record
31 paragraphs
In re Estate of Esther Ngonyo Waweru alias Ngonyo Francis (Deceased) (Succession Cause E3153 of 2022) [2025] KEHC 5072 (KLR) (Family) (30 April 2025) (Directions)
Neutral citation: [2025] KEHC 5072 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause E3153 of 2022
HK Chemitei, J
April 30, 2025
Between
Lucy Wangari Waweru
1st Applicant
Alice Nyawira
2nd Applicant
John Ngonjo
3rd Applicant
Nancy Wambui
4th Applicant
and
Patrick Njuguna Waweru
1st Respondent
Patricia Muthoni Waweru
2nd Respondent
Lucy Wangari Waweru
3rd Respondent
Directions
1. The court gave directions that parties file their responses to the application for confirmation of grant dated 20th December 2023.
2. Indeed, I have perused the affidavits of protest dated 31st May 2024, 8th July 2024 and 19th September 2024.
3. The said protests raise weighty issues which cannot be dealt with by way of affidavit evidence alone so as to have a meaningful distribution of the estate herein. Although the siblings are directly children and grandchildren of the deceased it appears that there are issues relating to the manner of distribution of the same among others.
4. Most significantly is the issue relating to land parcels number Dagoretti/Riruta and one Patrick Njuguna Waweru. Oral evidence shall suffice.
5. Consequently, I direct that:-(a)The application dated 20th December 2023 be determined by way of viva voce evidence where the Respondents shall be the Plaintiffs and the Applicants the Defendants.(b)The parties are hereby granted 30 days to file and exchange any documents and or witness statements.(c)Costs shall be in the cause(d)A hearing date on priority basis be taken at the registry.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF APRIL 2025. H K CHEMITEIJUDGE