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In re Estate of Margaret Muthoni Chokwe (Deceased) [2025] KEHC 10277 (KLR)
The High Court set aside a confirmation of grant and ordered redistribution of a disputed plot and mast to four beneficiaries, rejecting an alleged oral will.
Abed v Ali [2025] KECA 1323 (KLR)
Court of Appeal dismissed an appeal over a “house without land” dispute, holding the deceased’s interest formed part of his estate and the appellant got no valid title.
In re Estate of Joseph Kipkosgei Terer [2025] KEHC 10507 (KLR)
The High Court declined to dismiss a succession application, finding the requested removal of an administrator and redistribution were substantive issues requiring beneficiary consent.
In re Estate of Josphat Irungu Kanyi (Deceased) [2025] KEHC 10360 (KLR)
The court held that the application for review and stay of execution was barred by the doctrine of res judicata, as the issues raised had already been conclusively determined in the judgment of 18/10/2019 and the ruling of 3/12/2024. There was no appeal from the judgment, and no new facts had been discovered to warrant review under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules. The court emphasized that review is not a substitute for appeal and cannot be used to re-litigate points of law or fact already decided. The court further found that the question of th…
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In re Estate of Opondo Olotsi (Deceased) [2025] KEHC 10353 (KLR)
The High Court postponed confirmation of grant in this succession cause, finding that all beneficiaries had not been identified, consents were incomplete, and more evidence was needed on prior distributions.
Musa v Musa & 6 others [2025] KECA 1283 (KLR)
The Court of Appeal found that the 1st respondent, as administrator, unlawfully procured the renewal of the lease and transferred the suit property to herself before confirmation of grant, in violation of the Law of Succession Act. The subsequent sale to the 2nd and 3rd respondents was void as the 1st respondent lacked legal capacity to pass good title. The 2nd and 3rd respondents failed to conduct adequate due diligence on the root of the 1st respondent's title and could not be considered bona fide purchasers for value without notice. The High Court erred in failing to cancel the transfer an…
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In re Estate of Michael Nakhokho Wabomba (Deceased) [2025] KEHC 9945 (KLR)
The High Court at Bungoma granted a vesting order over a deceased’s parcel, authorized execution of transfer forms by the Deputy Registrar, and awarded costs.
Kangi v Gikunju & another [2025] KEHC 9495 (KLR)
The High Court upheld jurisdiction, rejected the alleged oral will, and held that all three family members qualified as dependants for equal sharing of the estate.
In re Estate of Wilson Waithaka Wainaina (Deceased) [2025] KEHC 9936 (KLR)
The court found that the applicant, as the second wife of the deceased and mother to two minor children, had demonstrated an urgent need for funds to pay school fees and related expenses for the children, who are dependants of the deceased. The court held that, in the absence of a full grant of representation and given the urgency of the children's educational needs, a special limited grant was justified under Section 54 of the Law of Succession Act and Rule 36 of the Probate and Administration Rules. The court emphasized the constitutional imperative to prioritize the best interests of the c…
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Ng'etich & another [2025] KEHC 9196 (KLR)
The High Court at Nakuru gave directions in a succession cause, noting failed agreement on distribution and pending review of valuation reports for two remaining properties.
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