[2025] KEHC 5167 (KLR)
The court determined that the central issue is the equitable distribution of the jointly owned property between the two estates. Given that both parties are in agreement, at least in principle, on either a buy-out or sale and equal sharing of proceeds, the court found it appropriate to refer the matter to mediation....
Source-derived case information.
- Citation
- [2025] KEHC 5167 (KLR)
- Parties
- Applicant: Lucia Woldu Tesfaigiorgis; Respondent: Negesti Beyene Tesfaigiorgis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 654 of 2019
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Matter referred to mediation; all other applications and proceedings held in abeyance.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Administration of Estates, Joint Ownership, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lucia Woldu Tesfaigiorgis
Applicant
Negesti Beyene Tesfaigiorgis
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 How should the jointly owned property LR 36/11/257, IR 7491 be equitably shared between the estates of the deceased brothers.
- 2 Whether the property should be sold and proceeds shared or one party should buy out the other.
Ratio Decidendi
The court determined that the central issue is the equitable distribution of the jointly owned property between the two estates. Given that both parties are in agreement, at least in principle, on either a buy-out or sale and equal sharing of proceeds, the court found it appropriate to refer the matter to mediation. This approach is intended to facilitate an amicable resolution on the mode of distribution, in line with the principles of fairness and the wishes of both parties as expressed in their affidavits. All other applications and proceedings are stayed pending the outcome of the mediation process.
Court Disposition
Matter referred to mediation; all other applications and proceedings held in abeyance.
Orders
- Matter to be mentioned before the Mediation Registrar for appointment of a mediator to address equitable sharing of the property.
- Mediation report to be filed within 60 days from the date of the order.
Full Case Text
Judgment text and source record
24 paragraphs
In re Woldu Tesfaigiorgis (Deceased) (Succession Cause 654 of 2019) [2025] KEHC 5167 (KLR) (Family) (30 April 2025) (Directions)
Neutral citation: [2025] KEHC 5167 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 654 of 2019
HK Chemitei, J
April 30, 2025
IN THE MATTER OF THE ESTATE OF WOLDU TESFAIGIORGIS (DECEASED)
Between
Lucia Woldu Tesfaigiorgis (Suing as an Administratix of the Estate of the Late Woldu Tesfaigiorgis – Deceased)
Applicant
and
Negesti Beyene Tesfaigiorgis (Sued as an Administratix of the Estate of the Late Beyene Tesfaigiorgis – Deceased)
Respondent
Directions
1. The court has perused the entire file herein, the proceedings as well as the history of the matter.
2. What is evident is that the two brothers Woldu Tesfaigiorgis and Negesti Beyene Tesfaigiorgis jointly owned land parcel number LR 36/11/257, IR 7491. They both died on different dates.
3. Both the Applicants and the Respondents took out letters of administration in respect to their estates. They seemed to have had occupation of the property on diverse periods.
4. The substantive contestation is how to share out equally the same. It appears from the rival affidavits that each one wishes to buy out each other or are at least in agreement that the same be sold and the proceeds be shared out equally.
5. In view of the above position this court is directing this matter to be mentioned before the Mediation Registrar for purposes of appointing a mediator to deal with the question on how the two families can share out the property equitably.
6. The report be filed within 60 days from the date herein
7. All the applications and any other proceedings herein are held in abeyance pending the outcome of the mediation process.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 30TH DAY OF APRIL 2025. H K CHEMITEIJUDGE