Ngunjiri & 2 others v Muraya & 6 others [2025] KEHC 1035 (KLR)

Ngunjiri & 2 others v Muraya & 6 others (Succession Cause 57 of 2018) [2025] KEHC 1035 (KLR) (28 February 2025) (Directions)

Neutral citation: [2025] KEHC 1035 (KLR)

Republic of Kenya

In the High Court at Nakuru

Succession Cause 57 of 2018

HI Ong'udi, J

February 28, 2025

Between

John Muthee Ngunjiri

1st Applicant

James Macharia Chege

2nd Applicant

James Mugo Muraya

3rd Applicant

and

Margaret Wairimu Muraya

1st Respondent

Susan Wanja Muraya

2nd Respondent

Jane Nyambura

3rd Respondent

Samuel Githinji Muraya

4th Respondent

Hannah Nyokabi

5th Respondent

Mirriam Muthoni Muraya

6th Respondent

Simon Chege Muraya

7th Respondent

Directions

1. This is a suit that was filed in the year 2018. A grant was issued on 11th February, 2019 and later amended on 14th February, 2023. (The Deputy Registrar to get a copy of the amended grant for the file).

2. To date the grant is yet to be confirmed for reasons best known to all the beneficiaries including the administrators. Let the parties know that the more they keep disagreeing the more the estate is wasted.

3. The following are the directions herein: 1. Responses to the summons dated 22/02/2025 to be filed and served by 6/3/2025.

2. Leave granted to the applicant to file and serve a further affidavit if need be by 10/3/2025.

3. Mention on 11/3/2025 for a Ruling date.

4. No directions can be given in respect of Mr. Mbiyu’s request as he is not formally on record.

5. All those parties opposed to the summons for confirmation of grant dated 18/10/2024 to file their responses, witness statements and other documents by 25/03/2025.

6. Leave granted to the 2nd Administrator Simon Chege Muraya and those in support of the summons for confirmation of grant to file further affidavits and any other documents if need be by 1st April, 2025.

7. Mention on 30/04/2025 for further directions.

8. All the parties known to be collecting rent from the properties mentioned in the Directions issued on 23rd April, 2024 are given 14 days to comply with the said orders. The evidence of the deposit of the rent in court must be availed within the 14 days as the matter is mentioned on 11/3/2025.

DELIVERED VIRTUALLY, DATED AND SIGNED IN OPEN COURT AT NAKURU THIS 28TH DAY OF FEBRUARY, 2025H. I. ONG’UDI****JUDGE2 | Page