REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HC. P&A NO. 267 OF 2017 FORMERLY MACHAKOS SUCCESSION CAUSE NO. 423 OF 2015 IN THE MATTER OF THE ESTATE OF FRANK JOSEPH MUTUNE KWINGA alias FRANK J.M. KWINGA Alias FRANK K. MUTUNE Alias FRANK J. MUTUNE Alias F.J.M KWINGA Alias JOSEPH FRANCIS MUTUNE (DECEASED) ESTHER NGUNYA................................PETITIONER RULING 1. From the confirmed grant issued by this court on 24th September, 2019: i. Makueni/Unoa/208 is to be inherited equally by: i. Esther Ngunya Kwinga ii. Jane Kavila Mutune Kwinga iii. Nancy Waeni Mutune Kwinga iv. Michael Wambua Mutune Kwinga v. John Kavila Mutune Kwinga ii. Makueni/Kako/541 goes to: (i) Esther Ngunya Kwinga (ii) Jane Ndaisi Kwinga (iii) John Kavila Mutune Kwinga (iv) Michael Wambua Mutune Kwinga In equal shares. iii. Makueni/Kako/831 goes to: (i) Jane Ndaisi Kwinga (ii) Nancy Waeni Mutune Kwinga In equal shares. 2. The application dated 23/09/2019, grounds and supporting affidavit show that an error occurred during the transmission to the various beneficiaries at the Lands Registry Makueni. As a result, the three parcels of land were erroneously registered in the sole names of Esther Ngunya Kwinga (GG1a – 1c) the administrator. Tittle deeds were also issued.
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3. I am satisfied that this was an error which must be rectified. As a result, I issue the following orders: (i) Title deeds issued in the names of Esther Ngunya Kwinga in respect to parcels No. Makueni/Unoa/208; Makueni/Kako/541 and Makueni/Kako/831 are hereby revoked. The same to be returned to the Land Registrar Makueni. 4. Fresh title deeds in respect to the said parcels of land be issued according to the amended certificate of confirmation of a grant issued by this court on 24th September, 2019 Delivered, Signed and Dated this 29th Day of October, 2019 in Open Court at Makueni. ........................ H. I Ong’udi Judge Read out to the parties in open court in the presence of: -
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