[2025] KEHC 1035 (KLR)
The court determined that the continued disagreements among beneficiaries and administrators have delayed the confirmation of the grant and risk further wastage of the estate. To address this, the court issued specific directions for the filing and service of responses and affidavits, set timelines for compliance,...
Source-derived case information.
- Citation
- [2025] KEHC 1035 (KLR)
- Parties
- Applicant: John Muthee Ngunjiri; Applicant: James Macharia Chege; Applicant: James Mugo Muraya; Respondent: Margaret Wairimu Muraya; Respondent: Susan Wanja Muraya; Respondent: Jane Nyambura; Respondent: Samuel Githinji Muraya; Respondent: Hannah Nyokabi; Respondent: Mirriam Muthoni Muraya; Respondent: Simon Chege Muraya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 57 of 2018
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Directions issued for further management of the succession cause; confirmation of grant deferred pending compliance with orders.
- Judges
- HI Ong'udi
- Legal Topics
- Confirmation of Grant, Administration of Estate, Beneficiary Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muthee Ngunjiri
Applicant
James Macharia Chege
Applicant
James Mugo Muraya
Applicant
Margaret Wairimu Muraya
Respondent
Susan Wanja Muraya
Respondent
Jane Nyambura
Respondent
Samuel Githinji Muraya
Respondent
Hannah Nyokabi
Respondent
Mirriam Muthoni Muraya
Respondent
Simon Chege Muraya
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 Whether the grant of representation should be confirmed given ongoing disputes among beneficiaries.
- 2 What directions should be issued to facilitate the confirmation of grant and administration of the estate.
- 3 How to ensure compliance with previous court orders regarding collection and deposit of rent from estate properties.
Ratio Decidendi
The court determined that the continued disagreements among beneficiaries and administrators have delayed the confirmation of the grant and risk further wastage of the estate. To address this, the court issued specific directions for the filing and service of responses and affidavits, set timelines for compliance, and reiterated the obligation of all parties collecting rent from estate properties to deposit such income in court as previously ordered. The court emphasized that compliance with these directions is necessary to move the matter forward towards confirmation of the grant and proper administration of the estate.
Court Disposition
Directions issued for further management of the succession cause; confirmation of grant deferred pending compliance with orders.
Orders
- Responses to the summons dated 22/02/2025 to be filed and served by 6/3/2025.
- Leave granted to the applicant to file and serve a further affidavit if need be by 10/3/2025.
Full Case Text
Judgment text and source record
41 paragraphs
Ngunjiri & 2 others v Muraya & 6 others (Succession Cause 57 of 2018) [2025] KEHC 1035 (KLR) (28 February 2025) (Directions)
Neutral citation: [2025] KEHC 1035 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 57 of 2018
HI Ong'udi, J
February 28, 2025
Between
John Muthee Ngunjiri
1st Applicant
James Macharia Chege
2nd Applicant
James Mugo Muraya
3rd Applicant
and
Margaret Wairimu Muraya
1st Respondent
Susan Wanja Muraya
2nd Respondent
Jane Nyambura
3rd Respondent
Samuel Githinji Muraya
4th Respondent
Hannah Nyokabi
5th Respondent
Mirriam Muthoni Muraya
6th Respondent
Simon Chege Muraya
7th Respondent
Directions
1. This is a suit that was filed in the year 2018. A grant was issued on 11th February, 2019 and later amended on 14th February, 2023. (The Deputy Registrar to get a copy of the amended grant for the file).
2. To date the grant is yet to be confirmed for reasons best known to all the beneficiaries including the administrators. Let the parties know that the more they keep disagreeing the more the estate is wasted.
3. The following are the directions herein: 1. Responses to the summons dated 22/02/2025 to be filed and served by 6/3/2025.
2. Leave granted to the applicant to file and serve a further affidavit if need be by 10/3/2025.
3. Mention on 11/3/2025 for a Ruling date.
4. No directions can be given in respect of Mr. Mbiyu’s request as he is not formally on record.
5. All those parties opposed to the summons for confirmation of grant dated 18/10/2024 to file their responses, witness statements and other documents by 25/03/2025.
6. Leave granted to the 2nd Administrator Simon Chege Muraya and those in support of the summons for confirmation of grant to file further affidavits and any other documents if need be by 1st April, 2025.
7. Mention on 30/04/2025 for further directions.
8. All the parties known to be collecting rent from the properties mentioned in the Directions issued on 23rd April, 2024 are given 14 days to comply with the said orders. The evidence of the deposit of the rent in court must be availed within the 14 days as the matter is mentioned on 11/3/2025.
DELIVERED VIRTUALLY, DATED AND SIGNED IN OPEN COURT AT NAKURU THIS 28TH DAY OF FEBRUARY, 2025H. I. ONG’UDI****JUDGE2 | Page