In re Estate of Peter Njnoroge Karima (Deceased) [2021] KEHC 1335 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

SUCCESSION CAUSE NO. 76 OF 2020

IN THE MATTER OF THE ESTATE OF PETER NJNOROGE KARIMA (DECEASED)

RULING

1. HANNAH NJERI NJOROGE and ESTHER NJERI NJOROGE petitioned hereof for grant of letters of administration intestate in respect to the estate hereof.  Amongst the deceased’s assets is property GATAMAIYU/KAGW/227.

2. A notice of motion application dated 26th January, 2021 was filed by Tabitha Gathoni Kamau.  By that application, Tabitha seeks to have removed from this cause the property GATAMAIYU/KAGWE/1227 (subject property) from the list of assets available for distribution in this succession cause.  Tabitha has based her prayer on the ground that there is pending a case ELC No. 1 of 2020 between TabithaandEsther Njeri Njoroge.In that case Tabitha seeks injunction to restrain Esther from alienating the subject property.

3. Hannah Njeriand Esther Njeri by their replying affidavit dated 30th April, 2021 stated that ELC case referred to by Tabitha was dismissed for want of prosecution.  That deposition was not responded to, it was not rebutted and accordingly the court hereby finds that indeed that it was proved to be the position.  Accordingly, there is no ground to grant an order removing the subject property from the list of deceased’s assets.

4. Following the above finding, the notice of motion dated 26th January, 2021 is dismissed with costs.

RULING DATED AND DELIVERED AT KIAMBU THIS 2ND DAY OF DECEMBER, 2021

MARY KASANGO

JUDGE

Coram:

Court Assistant: Maurice

For Tabitha Gathoni : Mr. Nduati

For Hannah Njeri

: Mr. Mitiambo

: Esther Njeri

COURT

Ruling delivered virtually.

MARY KASANGO

JUDGE