Rhoda Wacuka Kiiru v Angela Evelyn Waugh

3. That the Honourable Court lacks jurisdiction by dint of the doctrine of forum non conveniens as the applicant has yet still instituted to the Appeal Court of Nyeri over the same subject matter and suit properties in Nyeri Civil Appeal No. 5 of 2023, Rhoda Wachuka Kiiru Vs. Angela Everlyne Waugh and thus guilty of forum shopping. 4. That the chamber summons dated 31st January, 2024 is a total abuse of court process as the applicant cannot raise the of alleged dependency in a summons for resealing grant but at the right forum where the will of the deceased was issued being the High Court of Justice at District Probate Registry of Winchester, United Kingdom. 3. The applicant opposes the Notice of preliminary on the grounds that the chamber summons dated 31st January, 2024 is not Res judicata reason being that the application merely seeks leave to file a substantive objection to the resealing of the grant of letters of administration issued by the High Court of Justice at Winchester on 10th day of December, 2013 to Angeline Pearl Waugh made on the 10th day of November, 2015. No such application has been raised before this court or any other court whatsoever by the applicant herein. 4. Further, that the court has jurisdiction to address itself as the immovable properties in question are in Kenya and ought to be dealt with in strict conformity with the laws of Kenya in as far as concerns the distribution of the Estate of the beneficiaries. Analysis and Determination 1. The main issue for determination by this court is whether this case is Res judicata? 2. Whether the applicant is guilty of forum shopping. 5. The applicant is silent as to whether there is a judgment in existence of L.N. Waithaka J dated 30th May, 2022 and a Decree dated 24th June, 2022 and orders dated 8th December, 2022 of Justice Olola in Nyeri High Court ELC Case No. 74 of 2014, Angela Evelyne Waugh Vs. Rhoda Wachuka Kiiru & 3 others. 6. The applicant does not deny that orders were issued over the suit properties LR. Mweiga/Block V/ Muthuani/704 and 1151 which relate to the subject in the chamber summons application dated 31st January, 2024. 7. Neither is there a rebuttal of the fact that the applicant had instituted an appeal to the Court of Appeal at Nyeri, over the same subject matter and suit properties at Nyeri Civil Appeal No. 5 of 2023 Rhoda Wachuka Kiiru Vs. Angela Evelyne Waugh. 8. The respondent in her replying affidavit deposes that the trial court has since issued eviction orders against the applicant over the same subject suit properties which orders are yet to be varied or set aside. 9. I have perused the ELC Court case 74 of 2014 Nyeri and I am satisfied that Angela Evelyne Waugh is the plaintiff and Rhoda Wachuka Kiiru is the 1st defendant in the matter. The subject matter is a permanent injunction to restrain the defendants their servants and or agents from selling, disposing off and or taking possession of LR. No. Mweiga/Block V/Muthuani/704 and LR. No. Mweiga/Block V/ Muthuani/1151. The court after hearing the matter entered judgment in favour of the plaintiff Angela Evelyne Waugh and against the defendant Rhoda Wachuka Kiiru & Others. 10. Subsequent to that judgment orders of eviction were issued. There is no evidence to the effect that there was an attempt to vary or vacate the said orders. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11773/eng@2026-01-30 2

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11. I am satisfied that the preliminary objection has merit and it is allowed with costs. The chamber summons dated 31st January, 2024 have no legs to stand on because they are Res judicata, they are disallowed with costs to the respondent. RULING DATED, READ AND DELIVERED IN OPEN COURT VIRTUALLY THIS 30TH DAY OF JANUARY, 2026. .................................... MARTIN M. MUYA JUDGE In the Presence of: Ashabe hold brief Mutuma – For the applicant in the Notice Aoko Githera – For Respondent (absent) Court assistant – Isacko https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11773/eng@2026-01-30 3

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