[2025] KEHC 5078 (KLR)
The court determined that due to conflicting affidavits and lack of clarity regarding the interpretation of the Will as it pertains to the subdivision of the deceased's homestead, it is necessary to take oral evidence from the parties. This will enable the court to be properly informed about both the parties'...
Source-derived case information.
- Citation
- [2025] KEHC 5078 (KLR)
- Parties
- Applicant: Jane Njeri Ngugi; Respondent: Daniel Njoroge Ngugi; Respondent: Peter Kiarie Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1808 of 2007
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for oral hearing; stay of execution of grant; status quo maintained.
- Judges
- HK Chemitei
- Legal Topics
- Testate Succession, Will Interpretation, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Njeri Ngugi
Applicant
Daniel Njoroge Ngugi
Respondent
Peter Kiarie Ngugi
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 How should the Will of the deceased be interpreted regarding the subdivision of the homestead parcel.
- 2 What is the appropriate procedure for resolving disputes arising from conflicting affidavits on the Will's implementation.
Ratio Decidendi
The court determined that due to conflicting affidavits and lack of clarity regarding the interpretation of the Will as it pertains to the subdivision of the deceased's homestead, it is necessary to take oral evidence from the parties. This will enable the court to be properly informed about both the parties' understanding of the Will and the actual situation on the ground. Pending this oral hearing, the court ordered a stay of execution of the grant and maintenance of the status quo to preserve the estate and prevent prejudice to any party.
Court Disposition
Directions issued for oral hearing; stay of execution of grant; status quo maintained.
Orders
- Stay of execution of the grant issued on 27th November 2007 pending oral hearing and determination.
- Status quo on the ground to be maintained.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Titus Ngungi Mbaka (Deceased) (Succession Cause 1808 of 2007) [2025] KEHC 5078 (KLR) (Family) (30 April 2025) (Directions)
Neutral citation: [2025] KEHC 5078 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1808 of 2007
HK Chemitei, J
April 30, 2025
IN THE MATTER OF THE ESTATE OF TITUS NGUGI MBAKA (DECEASED)
Between
Jane Njeri Ngugi
Applicant
and
Daniel Njoroge Ngugi
1st Respondent
Peter Kiarie Ngugi
2nd Respondent
Directions
1. I have perused the application dated 5th May 2022 by the Applicant herein as well as the replying affidavits by the Respondents.
2. The entire issue herein is the interpretation of the Will vis a vis the actual position on the grounds regarding the deceased’s homestead. The court is unable to appreciate the issues properly and more specifically the Will as relates to how the sub division of the parcel comprising the homestead ought to be undertaken based on the rival affidavits.
3. I therefore direct that oral evidence be taken for the parties to enlighten the court on how they understood the Will and more importantly the situation on the ground.
4. For the above reasons I direct that:-(a)Let there be stay of execution of the grant issued on 27th November 2007 pending the oral hearing and determination of the matter herein.(b)Status quo on the ground be maintained in the meantime.(c)The parties each granted 30 days to file and serve each other with any witness statement or documentary evidence.(d)The Applicant shall be the Plaintiff and the Respondents the Defendants.(e)An appropriate date be taken at the registry before any of the courts on priority basis.(f)Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF APRIL 2025. H K CHEMITEIJUDGE