In re Woldu Tesfaigiorgis (Deceased) [2025] KEHC 5167 (KLR)

In re Woldu Tesfaigiorgis (Deceased) (Succession Cause 654 of 2019) [2025] KEHC 5167 (KLR) (Family) (30 April 2025) (Directions)

Neutral citation: [2025] KEHC 5167 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 654 of 2019

HK Chemitei, J

April 30, 2025

IN THE MATTER OF THE ESTATE OF WOLDU TESFAIGIORGIS (DECEASED)

Between

Lucia Woldu Tesfaigiorgis (Suing as an Administratix of the Estate of the Late Woldu Tesfaigiorgis – Deceased)

Applicant

and

Negesti Beyene Tesfaigiorgis (Sued as an Administratix of the Estate of the Late Beyene Tesfaigiorgis – Deceased)

Respondent

Directions

1. The court has perused the entire file herein, the proceedings as well as the history of the matter.

2. What is evident is that the two brothers Woldu Tesfaigiorgis and Negesti Beyene Tesfaigiorgis jointly owned land parcel number LR 36/11/257, IR 7491. They both died on different dates.

3. Both the Applicants and the Respondents took out letters of administration in respect to their estates. They seemed to have had occupation of the property on diverse periods.

4. The substantive contestation is how to share out equally the same. It appears from the rival affidavits that each one wishes to buy out each other or are at least in agreement that the same be sold and the proceeds be shared out equally.

5. In view of the above position this court is directing this matter to be mentioned before the Mediation Registrar for purposes of appointing a mediator to deal with the question on how the two families can share out the property equitably.

6. The report be filed within 60 days from the date herein

7. All the applications and any other proceedings herein are held in abeyance pending the outcome of the mediation process.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 30TH DAY OF APRIL 2025. H K CHEMITEIJUDGE