In re Estate of John Peter Keguro (Deceased) [2019] KEHC 2446 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

(FAMILY DIVISION)

SUCCESSION CAUSE NO 554 OF 1998

IN THE MATTER OF THE ESTATE OF JOHN PETER KEGURO (DECEASED)

ELIZABETH WANJIRU KEGURO....................PLAINTIFF/APPLICANT

VERSUS

LEAH WARUGURU KERUGO............1ST DEFENDANT/RESPONDENT

ZIPPORAH WANJIRU KEGURO.......2ND DEFENDANT/RESPONDENT

R U L I N G

1. The application subject of this ruling is dated and filed on 12th July 2018.  The same was amended orally on the 18th of February 2019. It seeks to restrain the 1st Defendant/Respondent by herself and/or agents from interfering, trespassing, harassing, intimidating encroaching and or interfering with the Applicant’s possession of L.R. Githunguri/Kanjai /1269 pending further orders of the court.

2. Having looked at the proceedings this matter has several orders including a ruling made by Etyang J on the 30th July 1999 where he recognised the Applicant and the 1st Respondent as widows of the deceased at the time of death.  There is a further order by Kimaru J dated 5th March 2019 where a grant earlier issued to the 1st and 2nd Respondents on the 1st of July 2013, and confirmed on 7th October, 2013 was revoked and parties directed to obtain fresh a grant.

An attempt to review the order of Etyang J by the 1st Respondent was declined on the 18th of November, 2014 and it appears that both widows thereafter went to slumber.

3. What I have derived from the averments of the parties is that at the time of the deceased death the Applicant resided on the property subject matter whereas the 1st Respondent resided elsewhere.

4. To avoid chaos and further altercation between the two families it would be prudent and reasonable to stop the construction by the 1st respondent for now, have grant obtained forthwith as earlier directed and thereafter an application for confirmation of the grant filed where distribution among the two families of the deceased may be done.

5. Consequently I make the following orders:

a) The Defendants/Respondents are hereby restrained from trespassing, encroaching and interfering with the Applicant’s possession and enjoyment of property number Githunguri/Kanjai 1269 pending further orders of the court.

b) The Applicant and the 1st Respondent be issued with a fresh grant of representation as joint administrators of the estate herein.  They will apply for confirmation of the grant within the next 45 days

c) Costs in the cause.

Dated and Delivered in Nairobi on this 7TH day of NOVEMBER, 2019.

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ALI-ARONI

JUDGE