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In re Estate of Mwongera Mugambi Rinturi alias Stephen Mugambi Rinturi (Deceased) (Succession Cause E021 of 2021) [2022] KEHC 16241 (KLR) (15 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16241 (KLR)
Republic of Kenya
Succession Cause E021 of 2021
TW Cherere, J
December 15, 2022
In the matter of
Micheck Maingi Muthuri
1st Petitioner
Cyprian Iburi Ngaruro
2nd Petitioner
Lawrence Kiriinya Iburi
3rd Petitioner
Ruling
1.By a ruling dated July 9, 2021 in an application made in Meru Misc Succession Cause E006 Of 2020, Otieno J granted leave to applicant/citors to petition for grant of granted of representation in the estate of the deceased.
2.Subsequently on August 30, 2021, applicants filed this cause. The cause is based on the following grounds:1)That Mwongera Mugambi Rinturi alias Stephen Mugambi Rinturi died on October 18, 20152)That he was survived by:i.Tabitha Itwaruchiuii.Nkirote Mugambiiii.Martin Mugambi3)Applicants are creditors of deceased’s estate by virtue of a sale agreement dated August 1, 1988 between deceased on one hand and Micheck Maingi Muthuri and Cyprian Iburi Ngaruro for 3 acres of land parcel no Mwitumwiru/943
3.By summons dated May 9, 2022, applicants pray that the deceased’s share from his father’s estate in land parcel Ntima/igoki/943 be distributed jointly to the applicants. Application is supported by an affidavit sworn by the 1st applicant on May 9, 2022. Annexed is a Certificate of Confirmation of Grant issued on May 10, 2010 in the estate of the late Perminus M’Mugambi to which 1 ½ share of land parcel Ntima/igoki/943 was distributed to the deceased in this case.
4.The family of the deceased did not oppose this application. I have considered the application in the light of the supporting affidavit and annexures thereto.
5.The subject matter of the sale agreement dated August 1, 1988 between deceased on one hand and Micheck Maingi Muthuri and Cyprian Iburi Ngaruro is land parcel no Mwitumwiru/943 and not land parcel Ntima/igoki/943
6.Consequently, this court declines the invitation to distribute 1 ½ acres or any part of land parcel Ntima/igoki/943 to the applicants.
7.In the end, summons dated May 9, 2022 is disallowed. Applicants shall bear their own costs.
DATED AT MERU THIS 15THDAY OF DECEMBER 2022T W CHEREREJUDGEAppearancesCourt assistant - Morris KinotiFor applicants - Mr Otieno for Otieno Obwanda & Co Advocates
