In re Estate of M’Muthuri M’Mutungi (Deceased) [2018] KEHC 5636 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

SUCCESSION CAUSE NO. 575 OF 2011

In the Matter of the Estate of M’Muthuri M’Mutungi (Deceased)

STEPHEN GITONGA .....................................................PETITIONER

VERSUS

FAITH NGIRA MURITHI.................................................OBJECTOR

RULING

Distribution of estate

[1]   On 5th February, 2018, this court ordered the district surveyor, Meru Central, to visit the estate landed properties and file a report on how they should be subdivided in order to give effect to the confirmation of grant issued by this court pursuant to the decision by the Court of Appeal. The surveyor filed his report dated 21st of May 2018 and annexed two labelled drawingson the proposed sub-division of each of the two estate properties. The report was not objected to by any party herein. I have considered the report. It has beenmade by a professional. Accordingly, I direct the confirmed grant herein shall be implemented in accordance with the said report in so far as it is not inconsistent with the grant. It is so ordered.

Dated, signed and delivered in open court at Meru this 4th day of July 2018

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F. GIKONYO

JUDGE.

In the presence of:

M/s Thibaru for Kithinji for petitioner

Objector in person present

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F.M. GIKONYO

JUDGE