In re Estate of M’mugwika Baitobi (Deceased) [2024] KEHC 7133 (KLR)

In re Estate of M’mugwika Baitobi (Deceased) (Succession Cause 37 of 2015) [2024] KEHC 7133 (KLR) (13 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7133 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 37 of 2015

TW Cherere, J

June 13, 2024

IN THE MATTER OF THE ESTATE OF M’MUGWIKA BAITOBI (DECEASED)

Between

Jennifer Mwamwathi M’mwenda

Applicant

and

Sabina Kanathi Makutho

Respondent

Ruling

1. Summons dated 13th March, 2023 seeks to review Gikonyo J’s judgment dated 07th May, 2020 to the extent that Sabina Kanathi and Zipporah Karimi who are wife and daughter of Makutho M’Mugwika stand to benefit twice their husband and father Makutho M’Mugwika having also been allocated a share of deceased’s estate comprised in LR. Ithima/antuambui/3710 and LR. NO. Ithima/antuambui/502.

2. Grant of Letters of Administration in this matter was issued on 23rd June, 2020.

3. In order to satisfy myself that the estate of the deceased is still intact the grant having been confirmed 4 years ago, I directed on 16th May, 2024 that the Applicant files search certificates for LR. Ithima/antuambui/3710 And Lr. No. Ithima/antuambui/502.

4. As at the time of writing this ruling, the search certificates had not been filed.

5. In the light of these circumstances, the summons for review dated 13th March, 2023 is incapable of being granted and it is declined.

DELIVERED AT MERU THIS 13TH DAY OF JUNE 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Administrator/Applicant - Mr. Mose for Bebo & Mose AdvocatesFor Objector /Respondent - Mr. Nyamori for Igweta Muriithi & Co. Advocates