Chawana & another (Suing as the administrators of the Estate of Johnstone Maganga Chawana) v Atibu & another (Sued as the administrators of the Estate of Swaleh Kassim Kisoi - Deceased) (Succession Cause 1 of 2014) [2026] KEHC 8923 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8923 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI SUCCESSION CAUSE 1 OF 2014 A MSHILA, J JUNE 23, 2026 BETWEEN ALFRED MAGHANGA CHAWANA AND FLORA NGUMBI CHAWANA (SUING AS THE ADMINISTRATORS OF THE ESTATE OF JOHNSTONE MAGANGA CHAWANA) ...................................................................... PETITIONER AND ATHUMAN KATEMBO ATIBU AND ABDUL ZENGE KATEMBO (SUED AS THE ADMINISTRATORS OF THE ESTATE OF SWALEH KASSIM KISOI DECEASED) ............................................................................................... APPLICANT RULING 1. The parties have filed a Consent dated 23rd June 2026 in which the matter is settled in its entirety: a. That the ruling and orders dated 19th December 2025 by this Honourable Court in this matter, be and is hereby varied, amended and/or set aside and the Grant of Letters of Administration previously issued to AThuman Katembo And Abdul Zeinge Katembo at the Kadhi’s Court Succession Cause No. E07 OF 2021 in respect of the Estate of Amina Wakio Juma Mwakinchilele Alias Amina Binti Abdalla (deceased) be and is hereby afirmed and shall remain valid and subsisting. b. That it is hereby acknowledged and agreed by all parties that the property comprised in Title Number Upper Kariokor/8 constitutes the sole known asset of the Estate. c. That all the beneficiaries of the Estate do hereby acknowledge, ratify and adopt the sale and transfer of the property comprised in Title Number Upper Kariokor/8 To Yussuf Hassan Mohaemd for a consideration of Kenya Shillings Nine Hundred Thousand (Kshs. 900,000/ =) as valid, lawful and binding. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8923/eng@2026-06-23 1
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2. d. That the parties do hereby agree that the value of the land comprised in Title Number UPPER Kariokor/8 is Kenya Shillings Nine Hundred Thousand (Kshs. 900,000/=). e. That Yussuf Hassan Mohamed has deposited with the Petitioner’s Advocates on record sum of Kenya Shillings Four Hundred and Fifty Thousand (Kshs. 450,000/=) being fifty percent (50%) of the agreed value as compensation for the Petitioner’s share of the estate, in full and final settlement of the Petitioner’s entitlement in the Estate. f. That upon full compliance with the payment obligation, the property comprised in Title Number Upper Kariokor/8 shall be deemed to lawfully belong to Yussuf Hassan Mohamed, who shall be recognized as the absolute and indefeasible proprietor, free from any claim by the Estate, administrators, beneficiaries, or any person claiming under them. g. That upon compliance with this Consent, the Petitioners, Respondents, administrators, beneficiaries and all persons claiming under the Estate shall be deemed to have fully and finally settled all claims relating to the Estate and the said property and shall have no further claims whatsoever. h. That each party shall bear their own costs of the proceedings. The Consent is hereby adopted as an Order of this Court. Orders accordingly. File marked as closed. DATED, SIGNED AND DELIVERED VIA TEAMS THIS 23RD DAY OF JUNE 2026 IN OPEN COURT AT VOI HIGH COURT. A.MSHILA JUDGE In the presence of:Court Assistant: Trizah/Millicent Sadik for Respondents Kiwinga for Petitioners https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8923/eng@2026-06-23 2
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