In re Estate of Eliud Njoroge Kuria (Deceased) [2025] KEHC 10503 (KLR)

In re Estate of Eliud Njoroge Kuria (Deceased) (Succession Cause 2423 of 2010) [2025] KEHC 10503 (KLR) (Family) (17 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10503 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 2423 of 2010

HK Chemitei, J

July 17, 2025

IN THE MATTER OF THE ESTATE OF THE LATE ELIUD NJOROGE KURIA (DECEASED)

Between

Peter Kuria

Applicant

and

Phylis Wangari

1st Respondent

Simon Muhia

2nd Respondent

Ruling

1. On 7th November 2024, this court after considering the application dated 23rd November 2023, directed that the parties appear before the Deputy Registrar for an in-depth analysis of the issues which have been pending in the estate.

2. Indeed, they appeared before the Deputy Registrar who prepared his report and has now been placed before me. The entire report has chronology of the pending properties as well as the extent to which the Administrators as well as the beneficiaries have executed the grant which was issued on 15th January 2016 and rectified on 27th November 2017 and on 10th May 2019.

3. The report is comprehensive and very detailed on how far the parties have reached and what was still pending.

4. In view of the directions and or recommendations by the Deputy Registrar I do not find any useful addition to the report. The same is forward looking and if it is executed well then, the estate shall be brought to a closure.

5. Consequently, I do hereby adopt the entire report as the order of the court and direct that the parties comply with the entire recommendations within 90 days from the date herein save for those matters pending for litigation outside this court.

6. Further should any of the Administrators fail to execute their respective mandate, for example signing of the necessary conveyancing documents the aggrieved party will move the court and the Deputy Registrar shall be at liberty to sign the same without notice.

7. Each party to meet their respective costs.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 17TH DAY OF JULY 2025. H K CHEMITEIJUDGE