In re Estate of Michael Nakhokho Wabomba (Deceased) [2025] KEHC 9945 (KLR)

In re Estate of Michael Nakhokho Wabomba (Deceased) (Succession Cause 165 of 2011) [2025] KEHC 9945 (KLR) (9 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9945 (KLR)

Republic of Kenya

In the High Court at Bungoma

Succession Cause 165 of 2011

MS Shariff, J

July 9, 2025

IN THE MATTER OF THE ESTATE OF MICHAEL NAKHOKHO WABOMBA -DECEASED

Between

Patista Nabwile Kundu

Applicant

and

Patrick Nyongesa Nakhokho

1st Respondent

William Wafula Francis

2nd Respondent

David Khisa Wabomba

3rd Respondent

Ruling

1. I have considered the chamber summons dated 26. 6.2025, the affidavit in support thereof sworn by Patista Nabwile Kundu the applicant on even date and the enclosures attached thereto.

2. I have also considered the oral submission made by Mr Paul Juma for the objector/applicant in the absence of the Petitioners who have not resisted this application, albeit served and I do find that indeed my brother Justice Kemei had on 29. 11. 2024 ordered the applicant to follow up on the registration of Parcel No. East Bukusu/West Sang’alo/8288 into her name.

3. On the balance I do find that the application is well merited and I allow and make the following orders:-i.A vesting order do and is hereby granted vesting land Parcel No. East Bukusu/West Sang’alo/8288 to the name of one Patista Nabwile Kundu/the applicant herein.ii.The Deputy Registrar High Court Bungoma is hereby ordered to sign the land transfer forms and the Land Control Board forms in respect of Parcel No. East Bukusu/West Sang’alo/8288 on behalf of the Petitioners; Patrick Nyongesa Nakhokho (1st Petitioner), William Wafula Francis (2nd Petitioner) and David Khisa Wabomba (3rd Petitioner ) in favour of Patista Nabwile Kundu.iii.The applicant is awarded costs of this application assessed at Ksh 15,000/- payable within 30 days from the date hereof.iv.In the event of default by the Petitioners Respondents to comply with order (iii) hereinabove, the applicant shall be at liberty to execute for the said costs.v.This file is hereby marked as closed.

DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 9TH DAY OF JULY 2025. M.S. SHARIFFJUDGE