A man and his two sisters accused of disinheriting their 91-year old mother and her two grand-daughters over a Sh2 billion estate in Nairobi on Monday asked the High Court to allow them settle the dispute out of court.
Mr Lawrence Mwangi Njenga, Scholastica Wanjiku Njenga and Lucy Wanjiku Njenga urged Justice Samson Okoing’o to “give dialogue a chance.”
The trio through lawyer Victor Githinji sought for 30 days to respond to contentious issues raised in the case filed by Mr Francis Murigi Njenga and his two nieces Naomi Mumbi Ngugi and Caroline Nyambura Ngugi.
The plea to settle the dispute was not opposed by lawyer Lawrence Kimondo who filed the case under a certificate of urgency.
“While we look forward to resolving this dispute, I urge the court to extend orders restraining the three children from disinheriting their aged mother, Naomi Njoki Njenga, over the property jointly registered with her late husband, Zachariah Njenga Mwangi.” Mr Kimondo prayed.
Justice Okong’ restrained the trio from evicting their mother and her grand daughters Ms Naomi Mumbi and Caroline Nyambura from their house situated on L R Nos 2250/142 and 143 and LR No.10096 or in any other way interfering with their quiet and peaceful possession and occupation of the said properties.
Mr Kimondo had told the court that Mumbi and Nyambura’s father, David Ngugi Njenga , a brother of the trio perished in a mysterious house inferno on May 3, 2008.
The estate of the late Zachariah Njenga Mwangi, comprises a 20 acre parcel of land in Karen Nairobi and four developed Commercial buildings within the city with a turnover of about Sh1 million.
“It is a sad and sorry state the two sisters and their brother do not give the orphans their share of the Sh1 million from rental collections,” Mr Kimondo told the judge.
“These children know no other place as their home besides the Karen residence where they were born and brought up. Any act to kick them out will render them destitute,” Mr Kimondo told the judge.
Mr Kimondo stated that the trio had started a fraudulent scheme to disinherit their mother and have already threatened their deceased brother’s children with eviction.
The case will be heard March 15, 2017.