Rael Kanana Marete v Festus Mwirigi

In re Estate of Janet Kainda M’riria (Deceased) (Succession Cause 65 of 2016) [2024] KEHC 2915 (KLR) (14 March 2024) (Ruling) Neutral citation: [2024] KEHC 2915 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU SUCCESSION CAUSE 65 OF 2016 TW CHERERE, J MARCH 14, 2024 IN THE MATTER OF THE ESTATE OF JANET KAINDA M’RIRIA (DECEASED) BETWEEN RAEL KANANA MARETE ................................................................... PETITIONER AND FESTUS MWIRIGI .................................................................................. PROTESTOR RULING 1. By a ruling dated 03rd November, 2022, this court issued an order that ½ share of LR. Ntima/ Ntakira/565 shall wholly be distributed to Rael Kanana Marete (Petitioner/Respondent). 2. Subsequently, a Certificate of Confirmation of Grant was issued on 21st November, 2022. 3. By summons dated 15th February, 2023, supported by an affidavit sworn by Rael Kanana (Applicant) on even date, Applicant prays that the inhibition on LR. Ntima/Ntakira/565 be lifted to pave way for distribution of the estate. 1. I have considered the application dated 15th February, and I am persuaded that the inhibition, unless lifted with hinder the distribution of the estate and defeat the sole purpose for which the court distributed the estate. 2. Consequently, the summons dated 15th February, 2023 is allowed in the following terms: 1. An order is hereby issued lifting the inhibition placed on LR. Ntima/Ntakira/565 2. This cause will be mentioned on 19th September, 2024 to confirm transmission of the estate DATED AT MERU THIS 14TH DAY OF MARCH 2024 WAMAE. T. W. CHERERE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2915/eng@2024-03-14 1

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