[2023] KEHC 26687 (KLR)
The court found that the issues raised in the summons dated 01st December, 2015, particularly the allegations of forgery and unlawful subdivision of the estate property, are fundamental and must be resolved before any final distribution of the estate can occur. Consequently, the court set aside its previous orders...
Source-derived case information.
- Citation
- [2023] KEHC 26687 (KLR)
- Parties
- Applicant: Susan Karimi Mpiuki; Respondent: James Kinyua Erasto; Respondent: Alex Muriithi Njeru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 43 of 1996
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Applications Regarding Distribution and Alleged Forgery
- Outcome
- Previous distribution orders set aside; matter to proceed to hearing on substantive issues.
- Judges
- TW Cherere
- Legal Topics
- Succession Disputes, Confirmation of Grant, Alleged Forgery, Estate Distribution, Land Subdivision, Revocation of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Karimi Mpiuki
Applicant
James Kinyua Erasto
Respondent
Alex Muriithi Njeru
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Applications Regarding Distribution and Alleged Forgery
Legal Issues
- 1 Whether the certificate of confirmation of grant was forged by the 1st Respondent.
- 2 Whether the subdivision and transfer of LR. Mwimbi/South Mugumango/4 was lawful.
- 3 Whether the distribution orders issued on 13th March, 2023 should be set aside pending resolution of the summons dated 01st December, 2015.
Ratio Decidendi
The court found that the issues raised in the summons dated 01st December, 2015, particularly the allegations of forgery and unlawful subdivision of the estate property, are fundamental and must be resolved before any final distribution of the estate can occur. Consequently, the court set aside its previous orders distributing LR. Mwimbi/South Mugumango/4, marked the subsequent applications as spent, and directed that the hearing of the substantive summons proceed to conclusion. The court emphasized that the entitlement to the deceased's estate cannot be determined until the allegations of forgery and improper distribution are fully adjudicated.
Court Disposition
Previous distribution orders set aside; matter to proceed to hearing on substantive issues.
Orders
- The court's order dated 13th March, 2023 distributing LR. Mwimbi/South Mugumango/4 is set aside in its entirety.
- The summons dated 20th April, 2023 and 03rd May, 2023 are marked as spent.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Mpiuki M’riunga alias Erasto Mpiuki (Deceased) (Succession Cause 43 of 1996) [2023] KEHC 26687 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26687 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 43 of 1996
TW Cherere, J
December 14, 2023
Between
Susan Karimi Mpiuki
Petitioner
and
James Kinyua Erasto
1st Respondent
Alex Muriithi Njeru
2nd Respondent
Ruling
1. I have considered the summons dated 20th April, 2023 and 03rd May, 2023 vis a vis the summons dated 01st December, 2015.
2. The summons dated 01st December, 2015 raises fundamental issues concerning distribution of deceased’s estate comprised in LR. Mwimbi/South Mugumango/4 and LR. Mwimbi/North Mugumango/202 and accuses the 1st Respondent of forging a certificate of confirmation of grant, subdividing LR. Mwimbi/South Mugumango/4 into LR. Mwimbi/South Mugumango/2294 to 2297 and subsequently transferring LR. Mwimbi/South Mugumango/2294 and 2295 to the 2nd Respondent.
3. Clearly, the matter as to who is entitled to deceased’s estate cannot be resolved with finality until and unless the issues raised in the summons dated 01st December, 2015 are resolved.
4. It is therefore hereby ordered:1. This court’s order dated 13th March, 2023 distributing LR. Mwimbi/South Mugumango/4 to Susan Karimi Erasto, James Kinyua Erasto and George Gitonga Erasto and which led to the summons dated 20th April, 2023 and 03rd May, 2023 are set aside in their entirety2. The summons dated 20th April, 2023 and 03rd May, 2023 are marked as spent3. The hearing by way of viva voce evidence of the summons dated 01st December, 2015 shall proceed from where it stopped on 13th March, 20234. This cause being an old one, it is hereby fixed for further hearing on 29th February, 2024
DATED AT MERU THIS 14TH DAY OF DECEMBER 2023WAMAE.T. W. CHEREREJUDGEAppearanceCourt assistants - Kinoti/MuneneFor Petitioner - Mr. Gitonga for Basilio Gitonga, Muriithi & AssociatesFor 1stRespondent - Present in personFor 2ndRespondent - Mr. Kithinji for Kithinji Marete & Co AdvocatesPage 2 of 2