In Re the Estate of Danson Kihoyo Muchano [2013] KEHC 6563 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

SUCCESSION CAUSE NO. 327 OF 2002

IN THE MATTER OF THE ESTATE OF DANSON KIHOYO MUCHANO– (DECEASED)

DIRECTIONS

On 30th June 2009 Rawal J, as she was then, directed that Jane Nyambura  get 0. 56 ha out of Kiambaa/Ruaka/429.  Thereafter the remainder was to be divided into three portions to accord with the three houses of the deceased.  It was directed that a survey be carried out.

On 29th February 2012 the court was informed that the survey had been carried out.  The court directed that copies of the survey report be served on all the parties and an extra copy filed in court.  When the matter was mentioned on 13th March 2012 and 27th March 2012 the said survey report had not yet been filed in court.  Todate the report has been filed in court although I am expected to give directions on the way forward.

The order of Njagi J of 29th February 2012 is in very clear terms; that a copy of the survey report be filed in court.  That order has not been complied with.  I cannot give directions on the matter without this order being complied with.  The firm of Kairu Mbuthia & Kiingati  Advocates is directed to comply with the said order in the next seven (7) days by lodging the said report in court.

SIGNED DATEDandDELIVEREDin open court this 30thday of August, 2013.

W.M. MUSYOKA

JUDGE