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Anthony M Mulekyo Advocates v Estate of John Mbithi Masika (Deceased) [2015] KEHC 7742 (KLR)

[2015] KEHC 7742 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7742
Citation
[2015] KEHC 7742 (KLR)
Decided
5 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent RespondedCoramL. A. Achode
Holding

The application is dismissed.

Facts

The deceased, John M. Masika, had an estate consisting of a property (L.R. Mavoko/12715/620) and a house (Nairobi Block 60/157) at Moi Estate Langata. The estate was to be distributed among seven beneficiaries, with Erick Masika having the option to retain the house.

Issues

  1. Distribution of proceeds from the sale of the deceased's property
  2. Erick Masika's indication on retaining the house
  3. Agreement on the value of the house

Reasoning

The court found that the parties had agreed on the distribution of the deceased's assets, including the option for Erick Masika to retain the house. The court dismissed the application as it was premature and the beneficiaries would soon receive their proceeds.

Outcome

Dismissed

Orders

  • Administrators of the Estate to move with alacrity and comply with the orders of Hon. Muchelule J, granted on 18th September 2014 in Misc. Civil App No. 10 of 2011
  • Comply with the orders of Hon. Muchelule J within the term beginning on 15th September 2015
  • Costs to be in the cause
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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