Micheal Kamau Ndungu & 1 other v Joseph Ndichu Muigai & 1 other

In re Estate of James Ndungu Muigai (Deceased) (Succession Cause E1264 of 2022) [2024] KEHC 14333 (KLR) (Family) (24 October 2024) (Directions) Neutral citation: [2024] KEHC 14333 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY SUCCESSION CAUSE E1264 OF 2022 HK CHEMITEI, J OCTOBER 24, 2024 IN THE MATTER OF THE ESTATE OF THE LATE JAMES NDUNGU MUIGAI (DECEASED) BETWEEN MICHEAL KAMAU NDUNGU ...................................................... 1ST PETITIONER JOSEPH NDICHU NDUNGU ........................................................ 2ND PETITIONER AND JOSEPH NDICHU MUIGAI ...................................................................... OBJECTOR DIRECTIONS 1. The court has perused the application dated 3rd October 2023. It appears to me that the deceased and the Applicant/Objector were the sons of Peter Muigai Wambu who owned land parcel number Dagoretti/Mutuini/873. 2. The Applicants applied for the letters of administration herein without the knowledge of the Applicant who claims to have a beneficial interest. He has given a chronology of events and other exhibits/annexures in his supporting affidavit including some decree from lower court pursuant to some land dispute tribunal case. 3. He has further indicated that he has been staying on the said land and has built a children’s home. 4. I have also perused the grounds of opposition by the Respondents as well as their written submission. 5. The court has anxiously pondered over the matter and I do not think affidavit evidence can suffice to reach a meaningful settlement of this matter. There is more that the court will glean from the parties and their witnesses which will lead to a fair decision of the court. 6. In the premises I direct that:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14333/eng@2024-10-24 1

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