Case ID:166794

Samuel Kabuthia Ndawa v Jennifer Wawera Njeru & another [2020] eKLR

Case Metadata

Case Number:

Civil Appeal 34 of 2016

Parties:

Samuel Kabuthia Ndawa v Jennifer Wawera Njeru & Cecilia Muthoni Njeru

Date Delivered:

17 Nov 2020

Case Class:

Civil

Court:

High Court at Embu

Case Action:

Ruling

Judge(s):

Florence Nyaguthii Muchemi

Citation:

Samuel Kabuthia Ndawa v Jennifer Wawera Njeru & another [2020] eKLR

Court Division:

Civil

County:

Embu

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT AT EMBU

CIVIL APPEAL NO. 34 OF 2016

SAMUEL KABUTHIA NDAWA...................................................PPELLANT

VERSUS

JENNIFER WAWERA NJERU

CECILIA MUTHONI NJERU...............................................RESPONDENTS

RULING

This is a ruling on application dated 30

th

September 2019 brought under Order 27 Rule 10, Order 32 Rule 61 and Order 51 Rule 1 of the Civil Procedure Act as well as other provisions of the law.

The application seeks for distribution of the net decretal amount in this appeal of Shs.942,827/= pursuant to the court’s judgement delivered on 10

th

July, 2019 as under:-

1.

THAT

this Honourable court be pleased to distribute the net decretal sum of Kshs.942,827 between the beneficiaries of the estate of the late Edward Chege Mwangi as follows:-

a) Jennifer Wawira Njeru(Widow) 37 years old Kshs.300,000

b) John Mwangi(son) 22 years old Kshs.150,000

c) Florence Wanjiku (daughter) 18 years old Kshs.150,000

d) AM (son) 11 years old

Kshs.300,000

Total

Kshs.942,827

2.

THAT

the monies payable to the minor AM be invested in an interest bearing fixed deposit account at Co-operative Bank of Kenya Ltd., Embu Branch in the joint names of both applicants herein until he attains the age of majority

This application being ex-parte in nature was not opposed by the respondent. Upon being served, G.N. Mugo & Company for the respondent sent an email to the effect that they were not opposed to the application.

I have looked at the relevant provisions of the law and noted the contents of this court’s judgement in this appeal.

There being no objection, I hereby allow the application dated 30

th

September, 2020 in terms of prayers 1 and 2.

Costs in the cause.

DELIVERED, DATED and SIGNED at EMBU this 17

TH

day of

NOVEMBER, 2020.

F. MUCHEMI

JUDGE