COLLINS WAMALWA VS KITUI CRISPUS AND PETRONILLA WANJALA AND 16 Others

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RULING

1. It is true that the property belongs to the late Boice Wamalwa Kitui.
2. All the parties are beneficiaries of the late Boice Wamalwa Kitui.
3. However, the dispute is whether the suit property should be sub-divided or not.
4. This Court does not have the jurisdiction to deal with the estate of the deceased in terms of either it should be sub-divided or not.
5. As such, the Court hereby directs this file to be transferred to the High Court for the Succession proceeding to be initiated and/or the succession exercise to be undertaken.
6. In the meantime, the Court in an exercise to ensure preservation of the suit property from being interfered with or wasted, an order of inhibition be and is hereby issued directing the Land Registrar Uasin Gishu to prohibit any sub-division and/or alienation of the property known as MOI’S BRIDGE BLOCK 7(NATWANA)/238 pending further directions on the succession proceedings to be undertaken in the High Court.
7. The file will be placed before the High Court Presiding Judge on 17.12.2025 for further directions.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Rotich for the Plaintiff

Defendant: Mr. Lagat for the Defendant (N/A)

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