In re Estate of Ndungu (Deceased) (Succession Cause 205 of 2014) [2026] KEHC 4993 (KLR) (17 April 2026) (Ruling)
The application for rectification was allowed as it was consented to, uncontested, and met the requirements for rectification under the law. The grant was rectified to correct names and include the purchaser as beneficiary.
Source-derived case information.
- Citation
- [2026] KEHC 4993 (KLR)
- Parties
- Administrator/applicant: Sipora Wangari Kinyanjui; Purchaser/beneficiary: Kipkorir Cheruiyot Bonface
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 205 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed; rectified grant confirmed.
- Legal Topics
- Rectification of Grant, Distribution of Estate, Probate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sipora Wangari Kinyanjui
Administrator/applicant
Kipkorir Cheruiyot Bonface
Purchaser/beneficiary
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant should be rectified to correct names and include a purchaser as beneficiary
- 2 Whether the rectified grant should be confirmed and distribution ordered
Ratio Decidendi
The application for rectification was allowed as it was consented to, uncontested, and met the requirements for rectification under the law. The grant was rectified to correct names and include the purchaser as beneficiary.
Court Disposition
Application for rectification of grant allowed; rectified grant confirmed.
Orders
- Deceased's name rectified to include alias Peter K. Ndungu.
- Administrator's name rectified to Sipora Wangari Kinyanjui.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Ndungu (Deceased) (Succession Cause 205 of 2014) [2026] KEHC 4993 (KLR) (17 April 2026) (Ruling) Neutral citation: [2026] KEHC 4993 (KLR) Republic of Kenya In the High Court at Nakuru Succession Cause 205 of 2014 SM Mohochi, J April 17, 2026 IN THE MATTER OF THE ESTATE OF PETER KINYANJUI NDUNGU (DECEASED) Ruling 1.Before me is a summons for rectification of grant dated 10th October 2025, filed pursuant to Rule 43 (1) of the Probate and Administration Rule, the same was argued and heard on the 20th January 2026 and the court reserved its ruling to consider the filed pleadings from the CTS. 2.Having considered the filed pleadings, the sworn affidavit of Spora Wangari Kinyanjui, noting that the same is consented to and is without contest, I am inclined to allow the application. 3.The Grant made on 11th June 2014 and confirmed on the 26th October 2016 is hereby rectified on the following terms;i.The Deceased Name is hereby rectified to include Peter Kinyanjui Ndungu Alias Peter K. Ndungu.ii.The administrator’s name “Zipporah” is hereby rectified to read “Sipora”iii.The Grant as rectified is hereby made and issued to Sipora Wangari Kinyanjui.iv.The Court is persuaded to include Kipkorir Cheruiyot Bonface a purchaser who shall receive the entire parcel LR. NO 9538/61 payment of stamp duty for the purchasev.A rectified grant shall accordingly issue.vi.The Rectified grant is accordingly confirmed with the following rectificationSchedule Description of Property Name Shares 1. Gilgil/gilgil Block 1/11499 Κιkορευ2. Gilgil/gilgil Block 1/4453 Kikopey3. Gilgil/gilgil Block 1/3985 Kikopey4. Equity Bank A/c No. 07701923174045. Kcc Ltd Share Certificate No. 0142346. Nic Bank Ltd Ordinary Share Certificate7. Co-operative Bank A/c No. 01100259770008. Firestone East Africa Dividend9. Barclays Bank A/C NO. 405166 Spora Wangari Kinyanjui Whole 10. LR. 9538/61 Kipkorir Cheruiyot Bonface WholeSUBPARA i.The Administrator is ordered to forthwith conclude the distribution within the next 6 month from today.SUBPARA ii.This court shall assign a mention date after six (6) months to confirm execution of the transmission forms, distribution settlement of the estate and mark the probate as closed.SUBPARA iii.Costs shall be in the cause. It is so ordered. SIGNED, DATED AND DELIVERED ON THIS 17TH DAY OF APRIL 2026MOHOCHI S.MJUDGE