Morris Mutembei Mugambi v Evangeline Nkatha Mugambi

In re Estate of Stanley Mugambi Muketha (Deceased) (Succession Cause 361 of 2009) [2024] KEHC 4906 (KLR) (9 May 2024) (Ruling) Neutral citation: [2024] KEHC 4906 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU SUCCESSION CAUSE 361 OF 2009 TW CHERERE, J MAY 9, 2024 BETWEEN MORRIS MUTEMBEI MUGAMBI .................................................... RESPONDENT AND EVANGELINE NKATHA MUGAMBI ................................................... APPLICANT RULING 1. Following mediation between the parties herein, the estate of the deceased was distributed vide an Amended Certificate of Confirmation of Grant dated 28th November, 2023. 2. By summons dated 09th February, 2024, Evangeline Nkatha Mugambi (2nd Administrator/Applicant) complains that the Morris Mutembei Mugambi (1st Administrator/Respondent) is frustrating transmission of the estate by failing to avail the necessary transmission documents and therefore prays to be appointed as the sole administrator. 3. By his replying affidavit sworn on 05th March, 2024, the 1st Administrator/Respondent explains that his inaction is informed by the challenge raised by his siblings concerning the mediation agreement. 4. I have considered the application in the light of the affidavits on record. This court having granted leave to the disputants to challenge the mediation agreement dated 11th September, 2023, I find that it is only fair that the summons dated 09th February, 2024 be stayed pending the outcome of the application to challenge the said mediation agreement. 5. It is so ordered DELIVERED AT MERU THIS 09th DAY OF May 2024 ******** https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/4906/eng@2024-05-09 1

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