[2014] KEHC 1175 (KLR)
The court found that the omission of land parcel LR Bahati/Kabatini Block 1/634 from the certificate of confirmation of grant was an error. The applicant provided documentary evidence that the parcel belonged to the deceased and obtained the written consent of the other dependants for its inclusion and distribution....
Source-derived case information.
- Citation
- [2014] KEHC 1175 (KLR)
- Parties
- Applicant: Geremano Mukundi; Respondent: Susan Wairimu Muthon
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause Cause1 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of the confirmed grant allowed; proposed distribution of additional property granted.
- Judges
- DW Mbuteti
- Legal Topics
- Rectification of Grant, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geremano Mukundi
Applicant
Susan Wairimu Muthon
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include land parcel LR Bahati/Kabatini Block 1/634 as part of the deceased's estate.
- 2 Whether the proposed distribution of the additional property to the applicant is proper.
Ratio Decidendi
The court found that the omission of land parcel LR Bahati/Kabatini Block 1/634 from the certificate of confirmation of grant was an error. The applicant provided documentary evidence that the parcel belonged to the deceased and obtained the written consent of the other dependants for its inclusion and distribution. There was no opposition to the application. The court held that, in accordance with the Law of Succession Act and the Probate and Administration Rules, it was proper to rectify the grant to include the omitted property and to distribute it as proposed. The application for rectification and the proposed distribution were therefore allowed.
Court Disposition
Application for rectification of the confirmed grant allowed; proposed distribution of additional property granted.
Orders
- The certificate of confirmation of grant is rectified to include land parcel LR Bahati/Kabatini Block 1/634 as part of the deceased's estate.
- Land parcel LR Bahati/Kabatini Block 1/634 is distributed to Geremano Mukundi.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
SUCCESSION CAUSE NO 1 OF 2012
IN THE MATTER OF THE ESTATE OF MARY MUTHONI GIKONYO – DECEASED
GEREMANO MUKUNDI………….……………………………..APPLICANT
VERSUS
SUSAN WAIRIMU MUTHON ………………...………………RESPONDENT
R U L I N G
1. The grant of letters of administration intestate issued herein on 27th January 2014 to Jeremano Mukundi and Stephen Muchiri was confirmed early on 25th February 2014. Certificate of confirmation of grant was issued on 6th March 2014.
2. The Administrators have now come back to court by summons dated 22nd April 2014 seeking rectification of the Certificate of Confirmation of Grant. The rectification sought is inclusion among the assets of the Deceased land parcelLR Bahati/Kabatini Block 1/634, and distribution of that parcel to Jeremano Mukundi. It is said that the parcel was erroneously left out. Annexed to the supporting affidavit is a certificate of official search dated 11th April 2014which shows that the parcel of land is registered in the name of one Mary Muthoni Gikonyo, apparently the Deceased herein.
3. There is also the consent dated 28th November 2014 signed by the other dependants of the Deceased, Joseph Njuguna Muchiri and John Gikonyo Muchiri.
4. In these circumstances, I will allow the summons to rectify the confirmed grant. I will also allow the proposed distribution of the additional property. It’s so ordered.
DATED SIGNED AND DELIVERED AT MURANG'A THIS 5TH DAY OF DECEMBER 2014
H.P.G. WAWERU
JUDGE