Ahs & 1 other v Tss

In re Estate of the Late HVS (Succession Cause 30 of 2019) [2025] KEHC 4134 (KLR) (1 April 2025) (Ruling) Neutral citation: [2025] KEHC 4134 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU SUCCESSION CAUSE 30 OF 2019 SM MOHOCHI, J APRIL 1, 2025 IN THE MATTER OF THE ESTATE OF THE LATE HVS BETWEEN AHS ..................................................................................................... 1ST PETITIONER NHS .................................................................................................... 2ND PETITIONER AND TSS ................................................................................................................ OBJECTOR RULING 1. Before me is a Notice of Motion dated 11th March, 2024 seeking to cite the Respondent for contempt for disregarding a consent order dated 15th February, 2022 adopted as a judgment on 24th February, 2022. 2. I do consider this application as res-judicata as the Applicant had successfully obtained a favourable judgment on 18th April 2024 in Nakuru High Court Divorce Cause No.2 of 2020. 3. I further note that RR is now of the age of majority and that share of Flat [particulars withheld] is to be registered in the name of RR. 4. The application dated March 11, 2024 is hereby struck out for being res-judicata. 5. The Applicant shall execute the judgment in Nakuru Divorce Cause No.2 of 2020. 6. The costs of this application shall be awarded to the 1st petitioner. It is so ordered. RULING SIGNED, DATED AND DELIVERED ON THIS 1ST DAY OF APRIL, 2025 MOHOCHI S.M https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4134/eng@2025-04-01 1

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