[2008] KEHC 3658 (KLR)
The court found that the name of the deceased as reflected in the death certificate and title deeds is 'Mithamo Gakenge Njeru' and 'Mithamo Gakenge.' To avoid any doubt regarding the identity of the deceased and to facilitate the distribution of the estate, the court allowed the application for rectification. The...
Source-derived case information.
- Citation
- [2008] KEHC 3658 (KLR)
- Parties
- Applicant: Francis Muchira Mithamo; Respondent: Nancy Waruguru Mithamo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 451 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Name
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Estate Administration, Identity of Deceased
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Muchira Mithamo
Applicant
Nancy Waruguru Mithamo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Name
Legal Issues
- 1 Whether the name of the deceased in the succession proceedings should be rectified to match official records.
- 2 Whether the rectification is necessary for the proper distribution of the estate.
Ratio Decidendi
The court found that the name of the deceased as reflected in the death certificate and title deeds is 'Mithamo Gakenge Njeru' and 'Mithamo Gakenge.' To avoid any doubt regarding the identity of the deceased and to facilitate the distribution of the estate, the court allowed the application for rectification. The name of the deceased in the proceedings is to be amended to 'Mithamo Gakenge Njeru also known as Mithamo Gakenge (deceased).' The application was unopposed, and the rectification is necessary for clarity and proper administration of the estate.
Court Disposition
application allowed
Orders
- The name of the deceased is rectified to 'Mithamo Gakenge Njeru also known as Mithamo Gakenge (deceased)'.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Succession 451 of 2002
IN THE MATTER OF THE ESTATE OF MITHAMO GAKENGE NJERU…DECEASED
AND
FRANCIS MUCHIRA…….............……………..………………….PETITIONER
and
NANCY WARUGURU MITHAMO……………..................……….OBJECTOR
RULING
Application dated 11/7/2007 is filed by Francis Muchira Mithamo one of the administrators seeks to rectify the name of deceased to enable estate to be distributed.
The application is not opposed by co-administrator. The second wife of the deceased Lucy Muthoni Mithamo does not object.
From the death certificate the name of deceased is Mithamo Gakenge Njeru. Also in the title deeds relating to his property he is named as Mithamo Gakenge. I therefore allow application and order the name of deceased to be rectified thus “Mithamo Gakenge Njeru also known as Mithamo Gakenge (deceased)”. This will remove further doubts as to the identity of the deceased.
It is so ordered.
Dated this 17th January, 2008.
J. N. KHAMINWA
JUDGE
17/12008
Khaminwa – Judge
Njue – Clerk
Parties present
Francis, Nancy not represented.
Ruling read in open court.
J. N. KHAMINWA
JUDGE