Peter Miriti M’ikiao v Josphat Mutuma M’ikiao [2017] KEHC 1810 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

SUCCESSION CAUSE NO. 288 OF 1999

IN THE MATTER OF THE ESTATE OF NATHAN M’IKIAO M’MIRITHU- DECEASED

PETER MIRITI M’IKIAO.......................................PETITIONER

VS

JOSPHAT MUTUMA M’IKIAO............................OBJECTOR

RULING

Summons for confirmation dated 19th July 2017 was filed by Janet Ncororo and Jacob M’Ntongai. The application is supported by an affidavit sworn on 19th July 2017 proposing mode of distribution of the intestate estate of the Nathan M’Ikiao M’Mirithu.

The applicants herein proposed distribution as per units whereas Josphat Mutuma M’Ikiao proposed distribution as per houses and he said the shares are dictated by where the respective homes are situated and the 1st house was to get a total of 5. 17 acres. Second house 4. 75 acres and 3rd house 4 acres respectively.

Whereas the law of succession requires that distribution be done as per units and not households it will be important to determine distribution without disturbing the status quo i.e removing beneficiaries from where they have all along settled.  In the circumstances, the Land Registrar and Surveyor to go to the ground and write a report with help of Assistant Chief and village elder or how the beneficiaries herein are settled on the different parcels of land forming part of the intestate estate herein.

Orders accordingly.

HON. A.ONG’INJO

JUDGE

2. 11. 2017

Before Adwera-Ong’injo

Penina – C/A

MS Wangwe Advocate for 2nd & 3rd Applicants .

1st Applicant – P/P

M/S B.G.Kariuki Advocate for Objector.

Petitioner – Deceased Represented by 2nd Applicant

Court

Ruling, Delivered, Dated and Signed in Court in 2nd November 2017.

Mention. 1. 12. 2017

HON. A.ONG’INJO

JUDGE