In re Estate of M’Ikiamba Karitho (Deceased) [2023] KEHC 27043 (KLR)

In re Estate of M’Ikiamba Karitho (Deceased) (Succession Cause 122 of 2004) [2023] KEHC 27043 (KLR) (20 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27043 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 122 of 2004

TW Cherere, J

December 20, 2023

Between

Joseph Mwambi M’Ikiamba

Petitioner

and

Henry M’Mithea M’Ikiamba

Applicant

Ruling

1. By summons for revocation dated 01st August, 2022, Henry M’Mithea M’Ikiamba (Applicant) sought orders of revocation the certificate of confirmation of grant rectified on 01st November, 2021 on grounds among others that a stranger, one Charles Mbaabu Karicha was included in the list of beneficiaries but failed to prove that allegation.

2. The summons dated 25th September, 2023 by the same Henry M’Mithea M’Ikiamba (Applicant) seeks orders of rectification of the certificate of confirmation of grant on similar grounds that a stranger, one Charles Mbaabu Karicha, who bought land from the Respondent.

3. By his replying affidavit sworn on 14th November, 2023, Respondent reiterated that it was the Applicant that introduced Charles Mbaabu Karicha into this cause and cannot therefore be heard to claim that he is a stranger.

4. By his further affidavit sworn on 07th December, 2023, Applicant reiterates that the inclusion of Charles Mbaabu Karicha was erroneous as he is not a beneficiary but a purchaser.

5. I have considered the summons in the light of the affidavits on record. I notice that the Respondent does not deny that Charles Mbaabu Karicha is not a beneficiary but that he purchased land from him which is my considered view is a matter that this court cannot casually dismiss considering that land is an emotive issue.

6. I notice that the said Charles Mbaabu Karicha is not a party to this application and it would therefore not be in the interest of justice to condemn him unheard.

7. Consequently, it is hereby ordered as follows:1. Summons dated 25th September, 2023 shall be served on Charles Mbaabu Karicha2. The summons dated 25th September, 2023 shall be determined by way of viva voce evidence3. Parties are directed to file and serve respective responses/affidavits/witness statements4. Mention on 04th March, 2024 to confirm compliance and for directions as to disposal of the application

DATED AT MERU THIS 20TH DAY OF DECEMBER 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Kinoti/MuneneFor Applicant - Ms. Asuma for Mutembei & Kimathi AdvocatesFor Respondent - Mr. Ondieki for J.O.Ondieki & Co. Advocates