In re Estate of Leah Karimi alias Leah Zacharia (Deceased) [2018] KEHC 7241 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

SUCCESSION CAUSE NO.121 OF 1989

In the Matter of the Estate of Leah Karimi Alias Leah Zacharia (Deceased)

CELESTINO KINEGENI M’ MUTHARA..............PETITIONER

VERSUS

GRACE KAARI NJERU...........................................PROTESTOR

RULING

Physical planning report

[1] These proceedings relate to the estate of Leah Karimi alias Leah Zacharia (Deceased).The children of the deceased are:-

a) Celestino Kinegani- son

b) Herodion Miti- son (deceased)

c) Joanes Njeru-son (deceased)

d) Kenneth Murungi; and

e) Sarah Ithiru Riungu- daughter (deceased)

The share of Herodion M’Iti is being taken by Kenneth Micheni M’Twaiti and that of Joanes Njeru is being taken by Grace Kaari. The estate property is LR NO. MWIMBI/CHOGORIA/291. Parties cannot agree on distribution. But, it seems that the only disagreement is the share due to the protestor and Kenneth Micheni M’Twaiti. The Petitioner is contented with 0. 18 acres which he says was given to him by his father. I note that Kenneth Micheni is taking 0. 42 acres- according to the Petitioner. But, the protestor is saying that her portion is too small and she wants it increased to 0. 20 acres and that of Kenneth be reduced accordingly to 0. 32 acres. One striking thing; it has been alleged by the petitioner that Kenneth Micheni is getting a bigger portion because a large portion of that land has a depression and cannot be developed. That is a substantial issue that calls for further investigation by the court through experts in land use, planning and survey. Accordingly, I direct that the district physical planner and survey, Tharaka Nithi County, to visit the estate property and specifically establish:(1) whether the portion of land measuring approximately 0. 42 acres and being occupied by the family of late Herodion Miti Muthara has a depression; and (2) if so, the location and size of the depression; and (3) whether the depression makes or does not the land undevelopable. A report thereto to be filed in the next 30 days. As this cause is quite aged, I shall fast track it. Accordingly, I will assign the case a date on the basis of priority. Determination of distribution of the estate and confirmation of grant is deferred to 4. 4.2018. It is so ordered.

Dated, signed and delivered in open court at Meru this 1st day of March, 2018.

.............................

F. GIKONYO

JUDGE

In the presence of:

Mr. Kiogora advocate for protester

Mr. Kitheka advocate for Petitioner

F. GIKONYO

JUDGE