REPUBLIC OF KENYA
IN THE HIGH COURT OF KENAY AT BUNGOMA
SUCCESSION CAUSE NO. 51 OF 2005
IN THE MATTER OF THE ESTATE OF THE LATE BEN MASONI
BETWEEN
SCHOLASTIC WAKASA NASIMIYU
ASHON SIKOLIA WANYONYI
LUKA MAKOKHA WANYONYI …………………….. OBJECTORS
VERSUS
SELINA NAMALWA MASONI
JANET KHISA MASONI ………………………………… PETITIONERS
RULING
1. In this matter the applicant seeks to stay Succession Cause No. 68 of 1997 and Succession Cause No. 51 of 2005. I have read and considered the affidavit in support of the application.
2. In this Succession Causes No. 51 of 2005, this court gave a ruling dated 25/4/2023 which is very clear. The 2 plots No. 74 and 75 were removed from the list of properties in the certificate of grant that was issued on the 8th of November 2010 , as the ownership of the 2 plots is in dispute. This court lacks the jurisdiction to determine the ownership of the 2 plots.
3. Further this court cannot stay the proceedings in Succession Cause No. 68 of 1997 in High Court Succession Cause No. 51 of 2005.
4. The 2-succession causes are distinct and hence are to be dealt with separately. I find no merit in the application dated 11th November 2024..
5. No order as to costs.
Dated, Signed, and delivered at Bungoma this 17th Day of December, 2024
R. E. OUGO,
JUDGE
In the presence of:-
Mr Oira for the Applicant present
Applicant - Present
Wilkister – Court Assistant