REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS FAMILY DIVISION SUCCESSION CAUSE NO. 784 OF 1990 IN THE MATTER OF THE ESTATE OF MWAURA GITACHU(DECEASED) SAMUEL KARURU MWAURA...................................................APPLICANT VERSUS DR. JOSHUA GITACHU MWAURA..................1ST EXECUTOR/RESPONDENT HENRY GITACHU MWAURA............................2ND EXECUTOR/RESPONDENT DIRECTIONS 1. I have looked at the application dated 12 th February 2021 by the applicant Samuel Karuru Mwaura (who is one of the sons of the deceased by the second house). He complains that LR No. Loc 1/Mugumoini/338 was subdivided by M/s Spartial Design Solutions Surveyors but not in accordance with the plan by Hezekiah Njuguna which was consented to by the parties, and which consent was adopted by the court on 15 th December 2020. The respondents Dr. Joshua Gitachu Mwaura (1 st respondent) and Henry Gitachu Mwaura (2 nd respondent) admit that there was a variation during the subdivision by the surveyors, and that the variation was necessary. 2. Before I determine the application, I ask that the same be served on M/s Spartial Designs Solutions Surveyors who shall within 14 days swear and filed an affidavit to explain why it became necessary not to comply with the order that was the subject of the consent. 3. The affidavit shall be served on the applicant who shall have 14 days to file a further affidavit. 4. Consequently, the hearing of this application is adjourned to 29th September 2021. DATED and DELIVERED at NAIROBI this 19TH JULY 2021. A.O. MUCHELULE JUDGE
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