[2019] KEHC 6276 (KLR)
The court found that since Susan Nkatha had already received Kshs. 350,000 as compensation for a portion of her property that was compulsorily acquired, it was necessary for the District Surveyor to demarcate the portions being utilized by both Charles Mutua and Susan Nkatha. This would ensure that the distribution...
Source-derived case information.
- Citation
- [2019] KEHC 6276 (KLR)
- Parties
- Applicant: Susan Nkatha; Applicant: Charles Mutua; Respondent: Justus Gituma; Respondent: Bartholomew M. Mbogori; Respondent: James Mwichuiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Separation Cause 294 of 2012
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- interlocutory orders issued; mention for final orders set
- Judges
- A Mabeya
- Legal Topics
- Estate Administration, Compulsory Acquisition, Land Demarcation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Nkatha
Applicant
Charles Mutua
Applicant
Justus Gituma
Respondent
Bartholomew M. Mbogori
Respondent
James Mwichuiri
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the District Surveyor should demarcate the portions utilized by Charles Mutua and Susan Nkatha.
- 2 Whether Susan Nkatha's compensation for compulsory acquisition affects her entitlement to the estate.
Ratio Decidendi
The court found that since Susan Nkatha had already received Kshs. 350,000 as compensation for a portion of her property that was compulsorily acquired, it was necessary for the District Surveyor to demarcate the portions being utilized by both Charles Mutua and Susan Nkatha. This would ensure that the distribution of the estate is fair and takes into account the compensation already received. The court directed the District Surveyor to revisit the property and take measurements of the areas under use by the respective parties, thereby facilitating an equitable final distribution of the estate.
Court Disposition
interlocutory orders issued; mention for final orders set
Orders
- The District Surveyor is directed to visit LR. Ntima/Ntakira/537 and measure the areas under use by Charles Mutua and Susan Nkatha.
- Matter to be mentioned on 01/10/2019 for final orders.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 294 OF 2012
IN THE MATTER OF THE ESTATE OF HENRY M’BAGINE M’ITHIKA ALIAS BAGINE NTAKA (DECEASED)
SUSAN NKATHA ..................CO- ADMINISTRATIX/APPLICANT
CHARLES MUTUA ......................................CO-ADMINISTRATOR
-VS-
JUSTUS GITUMA .........1ST PROTESTOR/CO-ADMINISTRATOR
BARTHOLOMEW M. MBOGORI .......................2ND PROTESTOR
JAMES MWICHUIRI .............................................3RD PROTESTOR
R U L I N G
1. After having perused the judgment, I agree that the District Surveyor should have also demarcated the portions being utilized by Charles Mutua and Susan Nkatha respectively. This is so because, Susan Nkatha had already received a sum of kshs. 350,000/= as compensation for a portion of her property that had been compulsorily acquired.
2. According, I direct the District Surveyor to once again visit LR. Ntima/Ntakira/537 and pick up the measurements of the area under use by Charles Mutua and Susan Nkatha .
Mention on 01/10/2019 for final orders.
A. MABEYA
JUDGE
28/06/2019