' The parties entered into a consent on 26th October 2016 and a further mediation agreement on 28th January 2019.
The consent for 26th October 2016 relates to property Plot Number 9 Athi Market, they agreed that it be sold and the proceeds shared equally between the beneficiaries.
The applicants, who are beneficiaries in this matter, have moved the court via an application dated 25th September, 2025. This application was duly served upon the respondent as per the return of service.
In the prayers therein, the applicants seek orders that they have deponed will effectively enforce the consent order previously recorded.
I have reviewed the file and the consent thereto together with the application. I am persuaded that the orders are essential to uphold the agreed terms and ensure that justice is served without any further delay.
The application is allowed in terms of prayers 4 and 5.
The Property Plot Number 9 Athi Market shall be sold in accordance with the consent order issued on 26th October 2016.
The deceased''s personal representatives, in consultation with the beneficiaries, shall identify a suitable purchaser.
The deceased''s personal representatives shall execute all relevant documents to effect the transfer in favour of the purchasers; in default, the Deputy Registrar of this Court is authorized to execute the same.
I make no order as to costs.
'
The consent for 26th October 2016 relates to property Plot Number 9 Athi Market, they agreed that it be sold and the proceeds shared equally between the beneficiaries.
The applicants, who are beneficiaries in this matter, have moved the court via an application dated 25th September, 2025. This application was duly served upon the respondent as per the return of service.
In the prayers therein, the applicants seek orders that they have deponed will effectively enforce the consent order previously recorded.
I have reviewed the file and the consent thereto together with the application. I am persuaded that the orders are essential to uphold the agreed terms and ensure that justice is served without any further delay.
The application is allowed in terms of prayers 4 and 5.
The Property Plot Number 9 Athi Market shall be sold in accordance with the consent order issued on 26th October 2016.
The deceased''s personal representatives, in consultation with the beneficiaries, shall identify a suitable purchaser.
The deceased''s personal representatives shall execute all relevant documents to effect the transfer in favour of the purchasers; in default, the Deputy Registrar of this Court is authorized to execute the same.
I make no order as to costs.
'