[2018] KEHC 5636 (KLR)
The court found that the district surveyor's report on the subdivision of the estate properties was professionally prepared and not objected to by any party. The report was consistent with the confirmed grant issued by the court, and there was no evidence or argument presented to the contrary. Therefore, the court...
Source-derived case information.
- Citation
- [2018] KEHC 5636 (KLR)
- Parties
- Petitioner: Stephen Gitonga; Objector: Faith Ngira Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 575 of 2011
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- confirmed grant to be implemented as per surveyor's report
- Judges
- F Gikonyo
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gitonga
Petitioner
Faith Ngira Murithi
Objector
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the estate properties should be subdivided as per the district surveyor's report to effect the confirmed grant.
- 2 Whether the surveyor's report is consistent with the confirmed grant.
Ratio Decidendi
The court found that the district surveyor's report on the subdivision of the estate properties was professionally prepared and not objected to by any party. The report was consistent with the confirmed grant issued by the court, and there was no evidence or argument presented to the contrary. Therefore, the court ordered that the confirmed grant be implemented in accordance with the surveyor's report, provided it does not conflict with the terms of the grant. This ensures that the estate is distributed fairly and in accordance with both the law and the wishes expressed in the confirmed grant, as previously upheld by the Court of Appeal.
Court Disposition
confirmed grant to be implemented as per surveyor's report
Orders
- The confirmed grant shall be implemented in accordance with the district surveyor's report dated 21st May 2018, in so far as it is not inconsistent with the grant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 575 OF 2011
In the Matter of the Estate of M’Muthuri M’Mutungi (Deceased)
STEPHEN GITONGA .....................................................PETITIONER
VERSUS
FAITH NGIRA MURITHI.................................................OBJECTOR
RULING
Distribution of estate
[1] On 5th February, 2018, this court ordered the district surveyor, Meru Central, to visit the estate landed properties and file a report on how they should be subdivided in order to give effect to the confirmation of grant issued by this court pursuant to the decision by the Court of Appeal. The surveyor filed his report dated 21st of May 2018 and annexed two labelled drawingson the proposed sub-division of each of the two estate properties. The report was not objected to by any party herein. I have considered the report. It has beenmade by a professional. Accordingly, I direct the confirmed grant herein shall be implemented in accordance with the said report in so far as it is not inconsistent with the grant. It is so ordered.
Dated, signed and delivered in open court at Meru this 4th day of July 2018
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F. GIKONYO
JUDGE.
In the presence of:
M/s Thibaru for Kithinji for petitioner
Objector in person present
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F.M. GIKONYO
JUDGE