In re Estate of Mugwiria Mbataru (Deceased) [2019] KEHC 587 (KLR)

70REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

SUCCESSION CAUSE NO. 617 OF 2012

IN THE MATTER OF THE ESTATE OF MUGWIRIA MBATARU (DECEASED)

GLADYS GATUNE MUGWIRIA........1ST PETITIONER

GITARI MUGWIRIA............................2ND PETITIONER

VERSUS

IRENE MUTHONI..........................................OBJECTOR

RULING

In consideration of the submissions made on 22nd November, 2019 by advocates for parties and in consideration of Gerald Kiruja conceding that appellant in application dated 17th October, 2019 sold land to Samson Mwirigi Kiambi with consent of the beneficiaries herein, this court hereby reviews its ordered made on 1st October, 2018 in the following terms: -

L.R. Igoji/Kiangua/303

a. Gladys Gatune Mugwiria – 1. 00AcresWhich the agreement shows was her share out of LR 303 so she can transfer 0. 50 acres to purchaser who provided fees used to process the Succession Cause herein and 0. 50 Acres to be shared with deceased person’s daughters.

b. James Mbaabu to get 1. 00 Acres

c. Japheth Kirimi – 1. 00 acres

d. Gitari Mugwiria – 0. 50 acres

e. Kithinji Mugwiria – 0. 50 acres

f. Gerald Kiruja – 0. 50 acres

2. LR No. Igoji/Kiangua/957 to remain distributed as per ruling delivered on 1st October, 2018

3. Appellant to provide identity card for correction of names which have spelling error.

4. No orders as to costs.

HON. A. ONG’INJO

JUDGE

28/11/2019

28/11/2019

Before: Hon. A. Ong’injo Judge

Court Assistant: Kinoti

Ms. Thangicia Advocate for appellants .

Ms. Njenga Advocate for respondent.

COURT: RULING DELIVERED, DATED AND SIGNED IN COURT.