Em Muriithi, J v Eunice Kaome & 3 others

In re Estate of Lintari Likirigua alias Litaru Rikirigua (Deceased) (Succession Cause 15 of 2016) [2024] KEHC 1327 (KLR) (15 February 2024) (Ruling) Neutral citation: [2024] KEHC 1327 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU SUCCESSION CAUSE 15 OF 2016 EM MURIITHI, J FEBRUARY 15, 2024 IN THE MATTER OF THE ESTATE OF LINTARI LIKIRIGUA ALIAS LITARI RIKIRIGUA (DECEASED) IN THE MATTER OF MARGARET NCOORO .......................................................................... APPLICANT AND EUNICE KAOME ................................................................................. RESPONDENT REGINA KAOME ................................................................................ RESPONDENT GRACE KALANGI .............................................................................. RESPONDENT IBRAHIM NGULA .............................................................................. RESPONDENT RULING 1. Upon hearing the applicant’s application dated 3/8/2022, by way of oral evidence as directed by the court in its ruling dated 30/1/2023, the Court has been left with questions as to the correct subdivision of the assets necessary to implement the Confirmed Grant made herein by consent of the parties on 6/7/2021 and issued on 19/July 2021 distributing the property in the Estate named in the Schedule as LR Ithima/Antuambui/2360, LR Ithima/Antuambui/2942 and LR Ithima/Antuambui/425 to be “share[d] equally among all the beneficiaries”. 2. Two competing subdivision plans have been proposed by different mutations by the respective surveyors for the parties. 3. The Court considers that it is necessary to observe the effect of the subdivisions on the ground at the assets under distribution before a final decision is taken on the matter. The Court shall, therefore, visit the site on a date to be fixed in consultation with the Counsel and the parties. The Parties’ respective surveyors are at liberty to attend. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1327/eng@2024-02-15 1

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