REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 294 OF 2012 IN THE MATTER OF THE ESTATE OF HENRY M’BAGINE M’ITHIKA ALIAS BAGINE NTAKA (DECEASED) SUSAN NKATHA ..................CO- ADMINISTRATIX/APPLICANT CHARLES MUTUA ......................................CO-ADMINISTRATOR -VSJUSTUS GITUMA .........1ST PROTESTOR/CO-ADMINISTRATOR BARTHOLOMEW M. MBOGORI .......................2ND PROTESTOR JAMES MWICHUIRI .............................................3RD PROTESTOR RULING 1. After having perused the judgment, I agree that the District Surveyor should have also demarcated the portions being utilized by Charles Mutua and Susan Nkatha respectively. This is so because, Susan Nkatha had already received a sum of kshs. 350,000/= as compensation for a portion of her property that had been compulsorily acquired. 2. According, I direct the District Surveyor to once again visit LR. Ntima/Ntakira/537 and pick up the measurements of the area under use by Charles Mutua and Susan Nkatha . Mention on 01/10/2019 for final orders. A. MABEYA JUDGE 28/06/2019
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