Peter Miriti M’ikiao v Josphat Mutuma M’ikiao

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 288 OF 1999 IN THE MATTER OF THE ESTATE OF NATHAN M’IKIAO M’MIRITHU- DECEASED PETER MIRITI M’IKIAO.......................................PETITIONER VS JOSPHAT MUTUMA M’IKIAO............................OBJECTOR RULING Summons for confirmation dated 19th July 2017 was filed by Janet Ncororo and Jacob M’Ntongai. The application is supported by an affidavit sworn on 19th July 2017 proposing mode of distribution of the intestate estate of the Nathan M’Ikiao M’Mirithu. The applicants herein proposed distribution as per units whereas Josphat Mutuma M’Ikiao proposed distribution as per houses and he said the shares are dictated by where the respective homes are situated and the 1st house was to get a total of 5.17 acres. Second house 4.75 acres and 3 rd house 4 acres respectively. Whereas the law of succession requires that distribution be done as per units and not households it will be important to determine distribution without disturbing the status quo i.e removing beneficiaries from where they have all along settled. In the circumstances, the Land Registrar and Surveyor to go to the ground and write a report with help of Assistant Chief and village elder or how the beneficiaries herein are settled on the different parcels of land forming part of the intestate estate herein. Orders accordingly. HON. A.ONG’INJO JUDGE 2.11.2017 Before Adwera-Ong’injo Penina – C/A MS Wangwe Advocate for 2nd & 3rd Applicants .

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