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RULING
Before me is an application under Rule 47(5) of the Court of Appeal Rules. The applicants filed a Notice of Motion application dated 9th July, 2013 brought pursuant to Rule 5 (2) (b) of the Rules.
The genesis of this application is a succession dispute over inter alia L.R NO. THIKA MUNICIPALITY NO. 4953/471 (suit property). The suit property is registered in the name of TITUS MUIRURI DOGE (deceased), the father to both the applicants and respondents herein. The High Court (Kimaru, J) on the 7th May, 2013, distributed the estate of the deceased among the beneficiaries. The learned Judge ordered that the suit property be valued by a valuer to be agreed upon by counsel for the applicants and the respondents and failing agreement, by a valuer to be appointed by the court. After valuation, the suit property was to be sold and proceeds therefrom divided equally between the appellants, respondents and their mother (the deceased’s widow). The court also directed that the applicants were …