In re Estate of Janet Kainda M’riria (Deceased) [2024] KEHC 2915 (KLR)

In re Estate of Janet Kainda M’riria (Deceased) (Succession Cause 65 of 2016) [2024] KEHC 2915 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2915 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 65 of 2016

TW Cherere, J

March 14, 2024

IN THE MATTER OF THE ESTATE OF JANET KAINDA M’RIRIA (DECEASED)

Between

Rael Kanana Marete

Petitioner

and

Festus Mwirigi

Protestor

Ruling

1. By a ruling dated 03rd November, 2022, this court issued an order that ½ share of LR. Ntima/Ntakira/565 shall wholly be distributed to Rael Kanana Marete (Petitioner/Respondent).

2. Subsequently, a Certificate of Confirmation of Grant was issued on 21st November, 2022.

3. By summons dated 15th February, 2023, supported by an affidavit sworn by Rael Kanana (Applicant) on even date, Applicant prays that the inhibition on LR. Ntima/Ntakira/565 be lifted to pave way for distribution of the estate.1. I have considered the application dated 15th February, and I am persuaded that the inhibition, unless lifted with hinder the distribution of the estate and defeat the sole purpose for which the court distributed the estate.2. Consequently, the summons dated 15th February, 2023 is allowed in the following terms:1. An order is hereby issued lifting the inhibition placed on LR. Ntima/Ntakira/5652. This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate

DATED AT MERU THIS 14TH DAY OF MARCH 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Petitioner - Ms. Kiome for Charles Kariuki & Kiome Associates AdvsProtestor - N/A for John Muthomi & Co. AdvocatesProtestor - PresentFor I. Parties - N/A for Mwenda, Mwarania, Akwalu & Co. Advocates