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|Case Number:||P & A Cause 8 of 1999|
|Parties:||IN RE THE ESTATE OF KIMANI GITUNDU ROBENSON-DECEASED|
|Date Delivered:||31 Jan 2008|
|Court:||High Court at Kitale|
|Citation:||IN RE THE ESTATE OF KIMANI GITUNDU ROBENSON-DECEASED 2008] eKLR[|
[Ruling] Family Law-probate and administration-estate-distribution of the estate of the deceased-parties being unable to agree to the subdivision of the estate-effect of-factors the court considers in such applications-validity of orders
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
P & A Cause 8 of 1999
IN THE MATTER OF THE ESTATE OF KIMANI GITUNDU ROBENSON – DECEASED
A N D
MARY NJOKI KIMANI :::::::::::::::::::::::::: PETITIONER
R U L I N G
In view of the matters which have come out from the parties today, it is clear that whereas the court had sub-divided a total of 9.89 acres of land; and also whereas the court had acted under the mistaken nortion that the said land was separate from the plot at Kiungani Centre, the parties are in agreement as follows;
(a) The total estate is comprised of 8.9 acres, which is divided into two distinct portions one portion is 0.2 acres, whilst the other is 8.7 acres.
(b) The deceased did not give to Rose a plot at Kiungani Centre, before his death. He had given her one (1) acre of land, within the farm.
In the circumstances, the final distribution of the farm within estate shall now be as follows.
(1) Joseph Mwangi - 3.5 acres.
(2) Simon Wanyika - 3.0 acres.
(3) Rose Wanjiru - 2.2 acres.
(4) Mary Njoki Kimani - 0.2 acres.
Total 8.9 acres.
Those are the final orders of this court on the issue of distribution.
Each part to bear his own costs.