</><><>></><><>></><><>></><><>></><><>></><><>></><><>>> ></><><>>> ></><><>></><><>>> ><>><>><>><>><>><>><>><>><>><>><>><>><> >></><>>> ><>>> ><>>> ><>><>>> >> ><>>> ><>><>>> ><>><>><>><>><>><>><>><>><>><>><>><> > </></></><><>></><><>>> > </>> </>>< href id="footnote-ref-1">[1]. In this case parties sat and agreed at home and nine of them, including six daughters who how want to resile from the agreement, two of whom swore and filed affidavits, attended court and confirmed the agreement. With those facts, the court finds that the objectors in agreeing to the terms of the agreement of 28.2.2009 and attending court on the 249.04.2009 led the petitioners and other beneficiaries to rely and act on the representations and are thus estopped from resiling therefrom. See First Assurance Company Limited v Seascapes Limited (2008) eKLR.
From the court record, there is consensus that the sons lay no claim to the commercial property, the homestead and the tea plantation. For lack of a disagreement, the court finds that parcel number IGUHU/1692, portions of the parcel number IGUHU/1077 on which the deceased’s homestead stands and that other part on which there grows tea plantation is distributed and shared out to all the eight (8) daughters to inherit and hold in equal shares. The foregoing determination leaves the court with the next determination on what to take of the agreement of the parties dated the 28.2.2009. Having found that the objectors are estopped from contending contrary to the agreement of 28.2.2009, the court find that the proposal by the 1st administrator presents the unanimous agreement of the parties and directs that the remainder of the estate be shared out in terms of that agreement. In that scheme, the two surviving sons, Edwin Ngaira Mackenzie and Basin Mackenzie Majanga, shall equally share what remains of IGUHU/1077 after the ladies get their share. On the same note, Beth Njambi Gitau gets 3.0 hectares of IGUHU/982. The remainder of IGUHU/982 goes to all the daughters to share equally.In summary, the grant is hereby confirmed and the estate distributed as proposed in the summons for confirmation of grant save that the exact acreage of parcel number IGUHU/1077 be established by survey to confirm what area constitutes the homestead and the tea plantation. On the same vein, parcel number IGUHU/982 shall also be surveyed to establish what remains after one (1) acre is hived off for the benefit of the daughters. The survey be done within 60 days from today and a report filed in court to enable the certificate of confirmation be issued. Matter shall be mentioned on 4.7.2024 to confirm compliance.
Dated, signed and delivered at Kakamega this 30th day of April, 2024.
</></><><>></><><> ></><><>></><>><>><>><>< id> See Serah Njeri Mwobi v John Kimani Njoroge (2013) eKLR, ↑