Charity Wanjiku & 1 other v Serah Wambui Nderitu & 2 others

In re Estate of the Late Wachira Githinji (Deceased) (Succession Cause 307 of 2003) [2024] KEHC 11809 (KLR) (6 June 2024) (Ruling) Neutral citation: [2024] KEHC 11809 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI SUCCESSION CAUSE 307 OF 2003 M MUYA, J JUNE 6, 2024 IN THE MATTER OF THE ESTATE OF THE LATE WACHIRA GITHINJI (DECEASED) BETWEEN CHARITY WANJIKU ........................................................................ 1ST APPLICANT BENJAMIN MAINGI KARIMI ....................................................... 2ND APPLICANT AND SERAH WAMBUI NDERITU ...................................................... 1ST RESPONDENT ALI NDERITU NJOROGE .......................................................... 2ND RESPONDENT JOHNSON KIRAGU WACHIRA ................................................ 3RD RESPONDENT RULING 1 The summon general dated 22nd August, 2022 seeks the following reliefs: 1. That proceedings in this case be stayed pending the hearing and determination of Nyeri CM ELC Case No. 42 of 2021 and Nyeri ELC Appeal No. 54 of 2021. 2 I have perused the Respondents further affidavit dated 9th November, 2022. He depones that he is aware that Nyeri ELC Appeal No. 54 of 2021 was dismissed with costs against the applicants. Attached is the ruling. 3 He also depones that the applicants being dissatisfied with the dismissal filed appeal against the same in Nyeri Court of Appeal Civil Appeal No. 80 of 2022. 4 Nyeri CM ELC Cause No. 42 of 2021 was declared Res Judicata and the proceedings struck out by reason of the foregoing. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11809/eng@2024-06-06 1

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