Loise Sintoiya Stanley, Penina Douglas & Hudson Kamau Ndungu v Charles Saruni Kieya, Samson Sankale Kieya & Rebecca Wairimu Kieya [2014] KEHC 5781 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

SUCCESSION CAUSE NO. 313 OF 2008

IN THE MATTER OF THE ESTATE OF LOICE WAITHERA STANLEY (DECEASED)

LOISE SINTOIYA STANLEY

PENINA DOUGLAS

HUDSON KAMAU NDUNGU…………………..…………APPLICANTS

AND

CHARLES SARUNI KIEYA

SAMSON SANKALE KIEYA

REBECCA WAIRIMU KIEYA……………..…INTERESTED PARTIES

RULING

I have perused the chamber summons dated 31st August, 2012 as well as annextures thereto.   I have also perused the replying affidavit filed on 6th September, 2012.   It is evident that the Succession Cause 80 of 1980 pertaining to the Estate of Stanley Kieya (deceased) has a bearing on this matter.  This court would need to confirm how distribution was done and concluded in Succession 80/1980 in Nairobi in order to determine the present cause.

I therefore direct that the Deputy Registrar do obtain a certified copy of the confirmed Grant in Succession 80/1980 from the Family Division Registry in Nairobi.

Dated and delivered in Mombasa this 11th day of April, 2014.

M. ODERO

JUDGE

In the presence of:

Mr. Otieno for Respondent

Court Clerk Mutisya