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DANIEL NJENGA MUIRURI, JOSEPH MWANIKI MUIRURI & MOSES WAINAINA V. ESTHER NJERI MBURU & ANN WANGUI MUTHEE

(2014) JELR 102894 (CA)

Court of Appeal  •  Civil Application 158 of 2013  •  24 Oct 2014  •  Kenya

Coram
John Wycliffe Mwera, Paul Kihara Kariuki, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

On 7th May, 2013, Kimaru, J, delivered a ruling following mediation regarding the distribution of the estate of one Titus Muiruri Doge, the deceased herein, in Nairobi HC Succ. Cause No.2099/2007. Before the learned Judge, were counsel for the administrator of the estate and the beneficiaries. The six (6) beneficiaries concerned were listed as:

a. Ruth Wanjiru Muiruri – Widow

b. Moses Wainaina Muiruri – Son

c. Joseph Mwaniki Muiriri – Son

d. Esther Njeri Mburu – Daughter

e. Ann Wangui Muthee – Daughter

(f) Daniel Njenga Muiruri – Son

A total of eight (8) assets comprised the estate of the deceased. They were all listed but what concerns us here is a commercial property situate in Thika Municipality. The ruling under review stated thus as regards that asset:

“(f) LR No. Thika Municipality No.4953/47, shall be valued by a valuer to be agreed upon by counsel of the parties herein or if there is no agreement the court shall appoint one. After the valuation, the said property sh…

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