In re Estate of the Late Harilal Velji Shah [2025] KEHC 4134 (KLR)

In re Estate of the Late Harilal Velji Shah (Succession Cause 30 of 2019) [2025] KEHC 4134 (KLR) (1 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4134 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 30 of 2019

SM Mohochi, J

April 1, 2025

IN THE MATTER OF THE ESTATE OF THE LATE HARILAL VELJI SHAH

Between

Anjali Harilal Shah

1st Petitioner

Nikunj Harilal Shah

2nd Petitioner

and

Trishna S Shah

Objector

Ruling

1. Before me is a Notice of Motion dated 11th March, 2024 seeking to cite the Respondent for contempt for disregarding a consent order dated 15th February, 2022 adopted as a judgment on 24th February, 2022.

2. I do consider this application as res-judicata as the Applicant had successfully obtained a favourable judgment on 18th April 2024 in Nakuru High Court Divorce Cause No.2 of 2020.

3. I further note that Rob Ridhi is now of the age of majority and that share of Flat B7 Nakuru Municipality 10/115 is to be registered in the name of Rob Ridhi.

4. The application dated 11th March, 2024 is hereby struck out for being Res-Judicata.

5. The Applicant shall execute the judgment in Nakuru Divorce Cause No.2 of 2020.

6. The costs of this application shall be awarded to the 1st petitioner.It is so ordered.

RULING SIGNED, DATED AND DELIVERED ON THIS 1ST DAY OF APRIL, 2025MOHOCHI S.MJUDGE