Weloba & 3 others v Bank of Africa Kenya Ltd (Family Miscellaneous Application 23 of 2016) [2026] KEHC 9882 (KLR) (6 July 2026) (Ruling) Neutral citation: [2026] KEHC 9882 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU FAMILY MISCELLANEOUS APPLICATION 23 OF 2016 JM NANG'EA, J JULY 6, 2026 BETWEEN JOB JUMA WELOBA ......................................................................... 1ST APPLICANT WANYONYI CHEBUKATI .............................................................. 2ND APPLICANT PATRICK OCHWA ........................................................................... 3RD APPLICANT SAMUEL OUMA T/A COOTOW & ASSOCIATES ADVOCATES .... 4TH APPLICANT AND BANK OF AFRICA KENYA LIMITED ............................................. RESPONDENT RULING 1. By Originating Summons dated 18/7/2016 the Applicant Advocates pray for orders as hereunder: 1. Spent 2. This Honourable Court be pleased to grant leave to the Applicant herein to be enjoined as an Interested Party in this cause. 3. Spent. 4. This Honourable Court be pleased to issue an order of injunction restraining the distribution or disbursement of the sums due to the 1st Administrator, Christine Wangare Gachege from the proceeds whatsoever from the winding up of the Estate of the Late Rahab Wanjiru Evans pending the taxation of the Advocate-Client Bills of Costs filed by the Applicant herein. 5. This Honourable Court be pleased do issue an order of injunction restraining the distribution or disbursement of the sums due to the 1st Administrator, Christine Wangare Gachege from the proceeds of the sale of Nakuru Municipality Block 4/259 and any other proceeds whatsoever https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9882/eng@2026-07-06 1
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from the winding up of the Estate of the Late Rahab Wanjiru Evans pending the full payment by the 1st Administrator of the taxed Advocate-Client Bills of Costs filed by the Applicant herein.(sic) 6. The costs of this Application be provided for. 2. The Application is supported by affidavit evidence of the Applicant's Advocate (Wanyonyi Chebukati). 4. Return of service of the Application upon the Respondents has been filed but no reply has been put in. The Application is deemed as unopposed in the circumstances. 5. Before arguing the Application on 1/7/2026, the Applicant's Advocate (Ms Omollo) made an oral application proposing to amend paragraph 2 thereof so as to indicate that the Applicant seeks to be enjoined as Interested Party in Nakuru Succession No. 96 of 2000. The Application had purported to show that the Applicant wants to be enjoined in "this cause", which is Miscellaneous Succession Application No. 23 of 2016. 5. The court allowed the amendment. 6. Upon Ms Omollo's Application and considering that the Originating Summons is unopposed, prayers 2, 4 and 5 are granted, subject to the amendment. 7. No order is made as to the costs of the Application. 8. Ruling accordingly. RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 6TH DAY OF JULY, 2026. J. M. NANG’EA, JUDGE. In the presence of Ms Kahiti Advocate for the Applicant Respondent, Absent Court Assistant (Jenifier) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9882/eng@2026-07-06 2
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