In re Estate of M’Kairiama M’Araniu alias M’Kairiama Maranju –Deceased [2022] KEHC 14063 (KLR)

In re Estate of M’Kairiama M’Araniu alias M’Kairiama Maranju –Deceased (Succession Cause 126 of 2013) [2022] KEHC 14063 (KLR) (21 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14063 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 126 of 2013

EM Muriithi, J

October 21, 2022

IN THE MATTER OF THE ESTATE OF M’KAIRIAMA M’ARANIU Alias M’KAIRIAMA MARANJU –DECEASED

Between

Selesio Mithika Joshua M’Kairiama

Petitioner

and

Patrick Mati Kairiama

Petitioner

Ruling

1. The applicants seek rectification of grant issued on November 18, 2021 to correct the parcel number of an estate asset correctly described as Ithima/Antuambui/xxx measuring 0. 26 ha instead of Ithima/Ntunene/xxx measuring 0. 26 ha as currently shown.

2. The applicants also seek correction of the acreage of Ithima/Ntunene/xxx shown as 0. 4 ha to read 1. 4 ha “as per actual measurement.”

3. The applicants retain the sharing ratios as shown in paragraph 6 of the affidavit in support of the rectification and depone at paragraph 5 thereof that “the aforesaid rectifications are the one being sought herein and the distribution of the estate of the deceased to all the beneficiaries will remain unaffected.”

Orders 4. Being satisfied that the shares of the beneficiaries as shown in the rectified confirmed grant of November 18, 2021, remain unchanged, the court shall make the corrections in the description and acreage of the two parcels of land as prayed by the applicant in the summons for rectification dated 4/4/2022. Order accordingly.

DATED AND DELIVERED THIS 21ST DAY OF OCTOBER 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:Applicant in person.