In re Estate f Boniface Mutinda Kisaingu (Deceased) [2024] KEHC 5197 (KLR)

In re Estate f Boniface Mutinda Kisaingu (Deceased) (Succession Cause 1868 of 2012) [2024] KEHC 5197 (KLR) (Family) (29 April 2024) (Judgment)

Neutral citation: [2024] KEHC 5197 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 1868 of 2012

HK Chemitei, J

April 29, 2024

In the matter of

Slyvia Muthoni Kamotho

1st Applicant

Bryan Kisaingu Mutinda

2nd Applicant

Judgment

1. In their Originating Summons application dated 4th April 2024 the Applicant prays for orders that they be allowed to dispose the property namely House No 67 At South Park Estate Situate At LR No 20521 (I R No 74204 Sabaki)

2. The application is based on the grounds thereof and the sworn affidavits of the 1st Applicant dated 18th March 2024 and 17th April 2024 respectively.

3. The Applicant is the widow of the deceased and mother to the beneficiaries. She has applied to dispose the aforementioned property which she was holding in trust for the minors.

4. The basic reason is for purposes of settling some liabilities including their school fees among others. In her further affidavit she has explained in detail how she will invest the balance of the purchased consideration totalling Kshs 5,851,419.

5. Having perused the application and in particular the supporting affidavits and I find the reasons advanced plausible.

6. The application is allowed. Costs in the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29TH DAY OF APRIL 2024H K CHEMITEIJUDGE