Samuel Kabuthia Ndawa v Jennifer Wawera Njeru & Cecilia Muthoni Njeru [2020] KEHC 1562 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT EMBU

CIVIL APPEAL NO. 34 OF 2016

SAMUEL KABUTHIA NDAWA...................................................PPELLANT

VERSUS

JENNIFER WAWERA NJERU

CECILIA MUTHONI NJERU...............................................RESPONDENTS

RULING

This is a ruling on application dated 30th September 2019 brought under Order 27 Rule 10, Order 32 Rule 61 and Order 51 Rule 1 of the Civil Procedure Act as well as other provisions of the law.

The application seeks for distribution of the net decretal amount in this appeal of Shs.942,827/= pursuant to the court’s judgement delivered on 10th July, 2019 as under:-

1. THAT this Honourable court be pleased to distribute the net decretal sum of Kshs.942,827 between the beneficiaries of the estate of the late Edward Chege Mwangi as follows:-

a) Jennifer Wawira Njeru(Widow)  37 years old  Kshs.300,000

b) John Mwangi(son)    22 years old  Kshs.150,000

c) Florence Wanjiku (daughter)  18 years old  Kshs.150,000

d) AM (son)    11 years old  Kshs.300,000

Total  Kshs.942,827

2. THAT the monies payable to the minor AM be invested in an interest bearing fixed deposit account at Co-operative Bank of Kenya Ltd., Embu Branch in the joint names of both applicants herein until he attains the age of majority

This application being ex-parte in nature was not opposed by the respondent.  Upon being served, G.N. Mugo & Company for the respondent sent an email to the effect that they were not opposed to the application.

I have looked at the relevant provisions of the law and noted the contents of this court’s judgement in this appeal.

There being no objection, I hereby allow the application dated 30th September, 2020 in terms of prayers 1 and 2.

Costs in the cause.

DELIVERED, DATED and SIGNED at EMBU this 17TH day ofNOVEMBER, 2020.

F. MUCHEMI

JUDGE