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Original judgment

High Court 6196 of 2024

In re Estate of Francis Muga M'Rimberia (Deceased) (Succession Cause 419 of 2013) [2024] KEHC 6196 (KLR) (23 May 2024) (Ruling) Neutral citation: [2024] KEHC 6196 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU SUCCESSION CAUSE 419 OF 2013 TW CHERERE, J MAY 23, 2024 IN THE MATTER OF THE ESTATE OF FRANCIS MUGA M’RIMBERIA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION BY IN THE MATTER OF GEORGE MUTAI MUGAA ..................................................................... APPLICANT RULING 1. A green card filed at the time of filing this cause reveals that deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme /15. 2. The Certificate of Confirmation of Grant dated 03rd December, 2014 described the deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme thereby omitting the number 15 from the order on distribution. 3. By summons dated 08th March, 2024 supported by Applicant’s affidavit sworn on even date, Applicant seeks orders that: 4. 1. The land registrar dispenses with the production of the original title for LR. Ntimiriti/ settlement Scheme /15 on the ground that it cannot be traced 2. The grant be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /15 Having considered the summons, I find that the Certificate of Confirmation of Grant dated December 3, 2014 does not give the correct description of deceased’s estate and is incapable of being implemented. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6196/eng@2024-05-23 1

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5. It is therefore hereby ordered as follows; 1. The land registrar shall dispense with the production of the original title for LR. Ntimiriti/ settlement Scheme/15 on the ground that it cannot be traced 2. The Certificate of Confirmation of Grant dated December 3, 2014 shall be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /15 3. Mention on October 3, 2024 to confirm transmission DATED AT MERU THIS 23RD DAY OF MAY 2024 WAMAE. T. W. CHERERE JUDGE Appearances Court Assistants - Kinoti/Munene Petitioner/Applicant - Present in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6196/eng@2024-05-23 2

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