REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO 1801 OF 2014 IN THE MATTER OF THE ESTATE OF THE LATE WILSON OTIENO OPONDO (DECEASED) PETER WAFULA MURUMBA MARGARET NASIMIYU WAFULA .……………………… APPLICANTS VERSES MERCY JUDITH AKINYI AGNES MILCAH ALUOCH RABUOGI ………………… RESPONDENTS RULING 1. Vide their application dated 6th November 2025 the Applicants are seeking orders that; (a) A mandatory order do issue compelling the Petitioners/Respondents to execute all relevant documents in order to transfer to the Applicants a portion of land measuring 0.3140ha being ½ interest of that parcel of SUCCESSION CAUSE NO. 1801 OF 2014 hkc RULING Page 1 of 4 po/
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land known as Kitale municipality Block 7/382 as decreed by the Court in Kitale CMCC LAND CASE NO. 8 of 2022 on 29th August 2023 and in default the Deputy Registrar of the high Court of Kenya Nairobi be empowered to execute the relevant statutory documents to transfer the said portions to the Applicants. (b) The Applicants be joined as parties in this succession cause in their capacity as purchasers /creditors of the estate of the deceased herein and the Respondents ordered to recognize and take into account the rights during distribution of the estate. (c) That land parcel Kitale municipality Block 7/382 (0.3140 ha) be included in the schedule of assets forming the estate of the deceased herein for the sole purpose of effecting the transfer under prayer 1 above. (d) Costs to the Applicants. 2. The application is premised on the Applicants joined sworn affidavit dated the same date. 3. The application is unopposed despite the Respondents being served as per the affidavit of service on record. 4. I have perused the said application and in particular the decree dated 29th August 2023 from the Magistrate’s Court which found the Applicants had the right over the suit property. SUCCESSION CAUSE NO. 1801 OF 2014 hkc RULING Page 2 of 4 po/
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5. The said land is registered in the names of the deceased and John Oyiengo Kidamba as tenants in common in equal shares. 6. It is noted that this Court on 29th January 2020 confirmed the grant and the deceased estate distributed accordingly. Apparently, the above property did not form part of the estate. 7. In the premises I do find that the paper trail submitted by the Applicants as annexures in their supporting affidavit buttresses their right in this estate. 8. Consequently, I find the application merited and allow it as follows: (a) The Respondents shall within 14 days from the date herein sign the transfer documents in favour of the Applicants so as to transfer land parcel number Kitale municipality Block 8/382 (half interest) to the Applicants and in default the Deputy Registrar of this Court shall execute the same without further reference to the Respondents. (b) For avoidance of doubt the above, half property forms part of the deceased assets in this cause. (c) Costs in the cause, Dated signed and delivered via video link at Nairobi this 18th day of June 2026. SUCCESSION CAUSE NO. 1801 OF 2014 hkc RULING Page 3 of 4 po/
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H. K. CHEMITEI JUDGE, FCIArb. SUCCESSION CAUSE NO. 1801 OF 2014 hkc RULING Page 4 of 4 po/
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