In re Estate of Mpiuki M’riunga alias Erasto Mpiuki (Deceased) [2023] KEHC 26687 (KLR) | Succession Disputes | Esheria

In re Estate of Mpiuki M’riunga alias Erasto Mpiuki (Deceased) [2023] KEHC 26687 (KLR)

Full Case Text

In re Estate of Mpiuki M’riunga alias Erasto Mpiuki (Deceased) (Succession Cause 43 of 1996) [2023] KEHC 26687 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26687 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 43 of 1996

TW Cherere, J

December 14, 2023

Between

Susan Karimi Mpiuki

Petitioner

and

James Kinyua Erasto

1st Respondent

Alex Muriithi Njeru

2nd Respondent

Ruling

1. I have considered the summons dated 20th April, 2023 and 03rd May, 2023 vis a vis the summons dated 01st December, 2015.

2. The summons dated 01st December, 2015 raises fundamental issues concerning distribution of deceased’s estate comprised in LR. Mwimbi/South Mugumango/4 and LR. Mwimbi/North Mugumango/202 and accuses the 1st Respondent of forging a certificate of confirmation of grant, subdividing LR. Mwimbi/South Mugumango/4 into LR. Mwimbi/South Mugumango/2294 to 2297 and subsequently transferring LR. Mwimbi/South Mugumango/2294 and 2295 to the 2nd Respondent.

3. Clearly, the matter as to who is entitled to deceased’s estate cannot be resolved with finality until and unless the issues raised in the summons dated 01st December, 2015 are resolved.

4. It is therefore hereby ordered:1. This court’s order dated 13th March, 2023 distributing LR. Mwimbi/South Mugumango/4 to Susan Karimi Erasto, James Kinyua Erasto and George Gitonga Erasto and which led to the summons dated 20th April, 2023 and 03rd May, 2023 are set aside in their entirety2. The summons dated 20th April, 2023 and 03rd May, 2023 are marked as spent3. The hearing by way of viva voce evidence of the summons dated 01st December, 2015 shall proceed from where it stopped on 13th March, 20234. This cause being an old one, it is hereby fixed for further hearing on 29th February, 2024

DATED AT MERU THIS 14TH DAY OF DECEMBER 2023WAMAE.T. W. CHEREREJUDGEAppearanceCourt assistants - Kinoti/MuneneFor Petitioner - Mr. Gitonga for Basilio Gitonga, Muriithi & AssociatesFor 1stRespondent - Present in personFor 2ndRespondent - Mr. Kithinji for Kithinji Marete & Co AdvocatesPage 2 of 2