Hellen Karimi Njure & 5 others v Regina Mukiri Gichunge & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 289 OF 2012 IN THE MATTER OF THE ESTATE OF JACOB GICHUNGE MUCHIRI (DECEASED) HELLEN KARIMI NJURE.....................................................1 ST APPLICANT SUSAN NKIROTE...................................................................2 ND APPLICANT ANN KARIUKI........................................................................3 RD APPLICANT PURITY KARAMBU..............................................................4 TH APPLICANT MARY KANANU.....................................................................5 TH APPLICANT DAMARIS NKATHA KINOTI..............................................6 TH APPLICANT VERSUS REGINA MUKIRI GICHUNGE..............1ST PETITIONER/RESPONDENT FRIDAH KANANI GICHUNGE.............2ND PETITIONER/RESPONDENT SAMWEL MUTWIRI...............................3RD PETITIONER/RESPONDENT PARTIAL RULING Construction of wills [1] The will subject of these proceedings has described under bank accounts that a particular beneficiary shall be the mandatory signatory of the stated account. From the arguments presented this is a major point of contention, yet none of the parties specifically addressed the court on the meaning and purport of these words. This is a matter of construction of a will as well as interpretation of the specific words used by the testator. And, it occupies central position in the application, such that the decision thereto may substantially turn on that point. Accordingly, as this matter has not been canvassed, I should give the parties an opportunity to address this issue as part of serving the court in respect of the application for revocation of grant herein. [2] Now therefore, I direct the parties to file and serve submission on this aspect in 7 days. I will thereafter render a final determination on revocation of grant on a date to be appointed by the court. Dated signed and delivered in open court this 20th day of MAY 2019 ------------------F. GIKONYO JUDGE IN PRESENCE OF Mutegi for petitioner – Munyi holding brief

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