[2019] KEHC 4806 (KLR)

[2019] KEHC 4806 (KLR)

The court found that the issuance of the Amended Certificate of Confirmation of Grant in the sole name of Alexander Muthui Ngabu was erroneous and contrary to the judgment of Hon. Nambuye, J., the consent of the parties, and the order of the Court of Appeal, all of which required the grant and certificate to be in the joint names of Alexander Ngabu Muthui, Alice Wambui, and Esther Muthoni Muthui. The court held that the proper procedure and legal requirements for confirmation and distribution of the estate had not been followed in the issuance of the certificate in a single name. The court further held that the shares in Highlands Inn Ltd, as part of the estate, must be distributed...

Citation
[2019] KEHC 4806 (KLR)
Parties
Applicant: Esther Muthoni Muthui; Respondent: Alexander Muthui; Respondent: Alice Wambui
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
31 July 2019
Case Number
Probate & Administration 267 of 1997
Procedural Posture
Probate and Administration Cause / Ruling on Application to Nullify Amended Certificate of Confirmation of Grant
Outcome
application allowed
Judges
OA Sewe
Legal Topics
Succession of Estates, Confirmation of Grant, Distribution of Estate, Joint Administration
Source Language
English
Family and Children Civil Procedure Succession of Estates Confirmation of Grant Distribution of Estate Joint Administration

Case Brief

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Parties

Esther Muthoni Muthui

Applicant

Alexander Muthui

Respondent

Alice Wambui

Respondent

Procedural Posture

Probate and Administration Cause / Ruling on Application to Nullify Amended Certificate of Confirmation of Grant

Legal Issues

  1. 1 Whether the Amended Certificate of Confirmation of Grant issued solely in the name of Alexander Muthui Ngabu was erroneous and contrary to prior court orders and consents.
  2. 2 Whether a fresh Amended Certificate of Confirmation of Grant should be issued in the joint names of Alexander Ngabu Muthui, Alice Wambui, and Esther Muthoni Muthui.

Ratio Decidendi

The court found that the issuance of the Amended Certificate of Confirmation of Grant in the sole name of Alexander Muthui Ngabu was erroneous and contrary to the judgment of Hon. Nambuye, J., the consent of the parties, and the order of the Court of Appeal, all of which required the grant and certificate to be in the joint names of Alexander Ngabu Muthui, Alice Wambui, and Esther Muthoni Muthui. The court held that the proper procedure and legal requirements for confirmation and distribution of the estate had not been followed in the issuance of the certificate in a single name. The court further held that the shares in Highlands Inn Ltd, as part of the estate, must be distributed...

Court Disposition

application allowed

Orders

  • The Amended Certificate of Confirmation of Grant issued on 11 February 2016 in the name of Alexander Muthui Ngabu is nullified.
  • A fresh Amended Certificate of Confirmation of Grant shall be issued in the joint names of Alexander Ngabu Muthui, Alice Wambui, and Esther Muthoni Muthui.