In re Estate of Thibaru Kachiuki (Deceased) [2022] KEHC 16307 (KLR)

In re Estate of Thibaru Kachiuki (Deceased) (Succession Cause 551 of 2010) [2022] KEHC 16307 (KLR) (15 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16307 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 551 of 2010

TW Cherere, J

December 15, 2022

IN THE MATTER OF THE ESTATE OF THIBARU KACHIUKI (DECEASED)

Between

Charles Munyi Lemeri

Applicant

and

Jeniffer Kanuu Duncan

Respondent

Ruling

1. By a rectified Certificate of Confirmation of Grant dated November 1, 2021, deceased’s estate comprised in LR NJIA/BURI E RURI/906; 2057 and 2146 was distributed.

2. It appears that a dispute has arisen concerning the allotment in view of the fact that some of the beneficiaries have already developed some of the portions of the estate.

3. This matter is hence referred to a court annexed mediator to assist the parties agree on the allotment of the estate in terms of the rectified Certificate of Confirmation of Grant dated November 1, 2021,

4. Application dated October 3, 2022 shall remain in abeyance pending the determination of the dispute by the court annexed mediator.

5. Mention before the Deputy Registrar on January 26, 2023 to confirm appointment of the court annexed mediator

DATED AT MERU THIS 15 TH DAY OF DECEMBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt assistant - Morris KinotiFor 2nd admin/applicant - Mr Anampiu for Ayub Anampiu & Co AdvocatesFor 1st admin/ respondent - Mr Mburugu