Thomas Gatura Gathu & 1 other v Martin Mwangi Gathu Alice Wamuyu & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Succession Cause 506 of 2005 IN THE MATTER OF THE ESTATE OF JOSEPH GATHU NGURE THOMAS GATURA GATHU ............................................PETITIONERS STEPHEN WANYOIKE GATHU VERSUS MARTIN MWANGI GATHU ALICE WAMUYU.................................................................OBJECTORS JUDITH WACHUKA MWANGI & 4 OTHERS..................APPLICANTS INNOCENT ELIAS MUCHIRI GITONGA..............INTERESTED PARTY JUDGMENT JOSEPH GATHU NGURE, died on 21 st July 2003. He was survived by four sons and one daughter namely Martin Mwangi, Gatura Gathu, Wanyoike Gathu, Gatheru Gathu and Alice Wamuyu respectively. Letters of administration intestate in respect of his Estate were given to Thomas Gatura Gathu and Stephen Wanyoike Gathu. The duo applied for the Confirmation of Grant but the other beneficiaries filed affidavits of protest to oppose the Confirmation of Grant. The protagonists recorded two consent orders settling the distribution of the deceased’s Estate save for the parcel of land known as NYERI MUNICIPALITY/111/35. It is the submission of ALICE WAMUYU GATHU, hereinafter referred to as the ‘Protestor’ that the aforesaid parcel of land be shared equally between the children of the deceased. Thomas Gatura Gathu, Stephen Wanyoike Gathu and Peter Gatheru Gathu, hereinafter referred to as the ‘Applicants’, were of the same view that the land should be shared equally between the deceased’s children. I have carefully considered the proposals made by the parties herein. There is doubt that the Protestor and the Applicants are children of the deceased. They have agreed to share equally the only remaining Estate asset. I have no reason to deny them the order. Pursuant to Section 38 of the Law of Succession Act, I direct that the parcel of land known as NYERI MUNICIPALITY/BLOCK III/35 be shared equally between the children of the deceased namely: (i) THOMAS GATURA GATHU. (ii) STEPHEN WANYOIKE GATHU. (iii) PETER GATHERU GATHU. (iv) ALICE WAMUYU GATHU. (v) MARTIN MWANGI GATHU.

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