A son of the late Kiambu prominent businessman David Ndua Thuo has lost a bid to stop his stepmother from selling Sh5 billion property to investors.
This is after the High court dismissed his case on lack of merit.
Godfrey Hinga had urged the court to cancel all the sales and developments going on in the family's property known as Wamikey Estate Limited.
The property, which is estimated at Sh5 billion, deals in coffee farming in Thika.
However in May last year, he lost the case and the court went ahead and allowed his stepmother Virginia Waithera to manage the estate.
Being aggrieved, he applied for the review of the orders.
In a ruling delivered on February 23, Justice Mary Kasango said in her view, there was a need for such forfeiture of the deceased's shares to be part and parcel of the viva voce hearing in proof of the validity of the deceased's Will.
She declined to entertain that evidence at that stage.
"In summation of the affidavit, evidence and submission, I order the Notice of Motion dated July 26, 2022, be and is hereby dismissed with costs being in the cause," she ruled.
Hinga had sought the production of the original Will in the cause. The judge, however, said she confirmed that on her perusal of the Court file, she did find an original Will filled.
"Finally, I wish to state that there is no statutory requirement for a Will to be read out to the deceased's family. The failure to read it to the family does not invalidate the Will," the judge said.
The court noted that Hinga had also alleged that Waithera defrauded the company Wamikey Estate Limited.
He said it was because the senior assistant registrar of companies by a letter wrote and stated the deceased's 98 shares in that company were allocated to Waithira after the deceased's death.
The judge said she cannot be a basis for revision.
The family is currently embroiled in legal battles over their late parent's estates.
Early March, Hinga, through his lawyer filed the case under a certificate of urgency asking the court to stop his stepmother Viginia Waithera from illegally managing the property.
However, High Court judge Maureen Odero issued a temporary order stopping further sales and developments in the disputed property until the case is heard and determined.
The judge also said no orders were issued for preservation and granted an order of status quo thereby preventing further developments, sale, transfer and dealing, pending further orders of the court.
In his court documents, Hinga said Waithera had been illegally running and managing the family company known as Wamikey Estate Limited in Thika.
Hinga said, unless the court intervenes, they (the family) shall continue to have conflicts.
He wanted orders given in respect of the ongoing sale, developments and funds being collected by his stepmother Waithera.
Hinga also said his mother Alice Njeri, who is the first wife of his father, has since died leaving behind five children.
Waithera, who is the second wife to his father, has seven children.
The company Wamikey Estate Ltd was listed the first respondent as well as Waithera's members of her family.
They included Thuo Ndua, Maina Ndua, Faith Wanjuku Ndua, Charles Mbugua Ndua, Joseph Kihanya Ndua, Mary Gacheri and Kennedy Ng'ang'a Ndua.
Hinga said Waithera has illegally taken over the running and management of the company to the exclusion of the rest of the family and beneficiaries without any justifiable cause.
He was seeking court orders to restrain Heri Homes Ltd and Finsco Africa Ltd and or her agents/servants, employees or any person acting under her from the property.
Hinga had said she should be prevented from selling, subdividing, leasing, constructing/developing or dealing in any other matter with the property described as Wamikey Estate Ltd.
"Waithera has also entered into an illegal joint venture agreement with developers known as Heri Homes, Finsco Africa who are developing the property belonging to the estate and have named the development Legacy Ridges," Hinga said.
He said the action by the respondents is illegal and poses a threat to the applicant's share in the estate of his father Thuo.
Hinga said the property which is registered in the name of Wamikey Estate Ltd is a coffee farm measuring approximately 400 acres in Kamiti Corner, Kiambu county.
The property is fenced off by a developer who is currently selling the property for the sale of residential units estimated to be worth more than Sh5 billion.
