High Court 19176 of 2025

In re Estate of the Late David Aura Wesonga (Deceased) (Succession Cause 257 of 2012) [2025] KEHC 19176 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEHC 19176 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA SUCCESSION CAUSE 257 OF 2012 WM MUSYOKA, J DECEMBER 19, 2025 IN THE MATTER OF THE ESTATE OF THE LATE DAVID AURA WESONGA (DECEASED) RULING 1. The application, that I am called upon to determine, is dated 24th July 2025. It is for joinder of interested parties, who would like to participate in the application, dated 4th July 2024, which seeks revocation of the grant herein. 2. The other parties have opposed the joinder application, on grounds that there was no evidence that the proposed interested parties were grandchildren of the deceased, and they had not established their share in the estate. 3. Justice would require all who claim to have stake or interest in the estate herein be afiorced an opportunity to establish that stake or beneficial interest in the estate, at hearing of the application, dated 4th July 2024. They cannot do so without being parties to the application, or without participating in the proceedings. 4. Consequently, I shall allow the application, dated 24th July 2025, to permit the applicants participate in the hearing of the application, dated 4th July 2024, either in support of it, or in opposition. They would be at liberty to file and serve replies to that application, if need be, within the next 30 days. 5. I had given directions on the disposal of the said application, dated 4th July 2024, on 21st January 2025. What remains is allocation of a date for hearing. That allocation shall happen on 3rd February 2026, in the presence of all the parties. Orders accordingly. DELIVERED, VIA EMAIL, DATED, AND SIGNED IN CHAMBERS, AT BUSIA, THIS 19TH DAY OF DECEMBER 2025. W MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19176/eng@2025-12-19 1

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