“The case is hereby referred to annexed mediation. Both parties are advised to agree on the way forward and sign a consent to be adopted as the court’s verdict,” directed Ms Ngetich.
In they fail to agree, the court will make a ruling and the siblings will be forced to live by the decision, added the judge.
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She also directed that the case be placed before Deputy Registrar of the High Court within a month, to confirm progress of the mediation.
Things took a confrontational twist on February 8 when Karanja accused Njoki of attempting to decimate their mother’s grave within Ngondu Farm located in Njoro.
THE STANDARD By
Daniel Chege |
February 10th 2021 at 08:59:15 GMT +0300
A grave at Mamboleo cemetery in Kisumu. [Denish Ochieng, Standard]
A man has gone to court to stop her sister from making a road on six graves, including that of their parents.
David Karanja and his sister Hannah Njoki are embroiled in protracted legal battle over a nine-acre land within Ngondu farm in Nakuru County.
The land at the centre of the dispute was owned by their father Samuel Kabaiku who died on July 31, 1988, aged 76.
On Monday, Karanja’s lawyer Owino Oenga told Justice Rachel Ngetich that Njoki wanted to have a road pass on top of the burial site of six of their family members, including her mother.
Karanja accuses Njoki of using fraudulent means to take over control of the land.
Njoki was issued with grant letters of administration on March 3, 2015, by the court, replacing their mother Rahab Wanjiku who died on July 7, 2008.
However, to date, Karanja has refused to surrender documents, including the original title deed for the land to Njoki, and wants the court to revoke the grant
Documents filed in court indicate that Njoki, using her administrative powers, has threatened to evict Karanja and four other siblings from the land and sell it.
“The applicant (Njoki) has her agenda to irregularly share out the entire estate at her own whims,” Karanja submits.