RULING OF THE COURT
[1] UPON CONSIDERING a protest or an objection filed in the High Court Meru Succession Cause No. 522 of 2012 by Jacinta Gakii (the respondent) claiming to have been married to the late Francis Guantai Mungambi (deceased) who died intestate on 8th November, 2010, the court below ordered as follows:-
“This court declares that this property is free as an asset in the intestate estate and therefore liable to distribution. In the circumstances the estate of the deceased will be distributed to the petitioner, the protester/objector and the children of the deceased. LR Ntima/Igoki/5968 – 0.0371 acres. Due to its size – rents accruing shall be divided equally unless the beneficiaries agree on a suitable formula.
For LR Abogeta/Lower Chure/1167 the beneficiaries shall share it equally save that the matrimonial house which has now been occupied by the petitioner since the deceased died shall remain occupied by her. The costs of the cause shall be borne by each party.”
[2] UPON b…