In re Estate of Saberio M'mutungi Kithamba (Deceased) [2022] KEHC 16614 (KLR)

In re Estate of Saberio M'mutungi Kithamba (Deceased) (Succession Cause 82 of 2007) [2022] KEHC 16614 (KLR) (21 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16614 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 82 of 2007

TW Cherere, J

December 21, 2022

Between

Isabella Kinya

Applicant

and

Sasinta Kathure M’mtungi

Respondent

Ruling

1. I have considered the Certificate of Confirmation of Grant dated October 11, 2018. It is indeed true as stated by the Applicant that LR KIIRUA/KIIRUA/NKANDO/1327 which is still registered in the name of deceased was not included in the list of his assets nor was it distributed.

2. I have also considered an order made on February 10, 2009 by Emukule J (as he then was) that LR KIIRUA/KIIRUA/NKANDO/1327 shall be distributed to the Objector then (Geoffrey Gikundi Mutungi) and his aunt Isabella Kinya (Applicant herein).

3. That court order has neither been set aside nor reviewed and remains valid. Consequently, the Applicant’s summons for rectification to distributed LR KIIRUA/KIIRUA/NKANDO/1327 exclusively to her is declined and shall be distributed in equal shares to Geoffrey Gikundi Mutungi and Isabella Kinya as ordered by the court on October 10, 2009.

Dated at Meru this 21stDAY OF December2022WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiApplicant - Present in personFor Respondent - Ms. Masamba for Mithega & Kariuki Advocates