[2004] KEHC 2318 (KLR)
The court found that the applicants had provided sufficient evidence that certain assets belonging to the deceased were omitted from the original confirmed grant. The court also accepted that Benson Gituhi Mutonyi, having attained majority, was a suitable substitute for the previous co-administrator, Jennifer...
Source-derived case information.
- Citation
- [2004] KEHC 2318 (KLR)
- Parties
- Applicant: Esther Mwihaki Mathenge; Co Administrator: Jennifer Muthoni Ogembo; Applicant: Benson Gituhi Mutonyi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 573 of 2002
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- FI Koome
- Legal Topics
- Succession, Rectification of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mwihaki Mathenge
Applicant
Jennifer Muthoni Ogembo
Co Administrator
Benson Gituhi Mutonyi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to include assets omitted in the original application.
- 2 Whether the substitution of the co-administrator is proper given the attainment of majority by the deceased's son.
Ratio Decidendi
The court found that the applicants had provided sufficient evidence that certain assets belonging to the deceased were omitted from the original confirmed grant. The court also accepted that Benson Gituhi Mutonyi, having attained majority, was a suitable substitute for the previous co-administrator, Jennifer Muthoni Ogembo. The law allows for rectification of a grant to include omitted assets and to substitute administrators where circumstances have changed. The court therefore ordered that the omitted properties be included in the confirmed grant and that the grant be issued jointly to Esther Mwihaki Mathenge and Benson Gituhi Mutonyi, with the widow holding a life interest and the...
Court Disposition
application for rectification of grant allowed
Orders
- The properties listed in paragraph 7 of the affidavit of Esther Mwihaki Mathenge are to be included in the confirmed grant.
- The rectified grant shall be issued jointly to Esther Mwihaki Mathenge and Benson Gituhi Mutonyi.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBISUCCESSION CAUSE NO. 573 OF 2002
IN THE MATTER OF THE ESTATE OF DUNCAN MATHENGE GITAHI (Deceased) R U L I N G
The grant of letters of Administration herein were confirmed on 25/11/02. The petitioners have filed a summons seeking for the certificate of the grant to include certain // that were not included in the application of letters of Administration. The petitioner relies on the affidavits filed on 4/8/03 and 11/11/03. The petitioner also seek for the name of the Co-Administrator Jennifer Muthoni Ogembo he substituted with that of Benson Gituhi Mutonyi. Benson is the // son who has now attained the age of maturity and it is prudent to held the grant jointly with his mother. The /// has also filed an affidavit filed herein on 11/11/03 and the Applicants have sought the rectified grant be issued to the widow and the son.
The petitioner has obtained copies of Titles, Shares certificates of the Assets that were not included in the confirmed grant. All the properties are in the ///of the //. Accordingly I grant the orders sought that:
a) The property stipulated in paragraph 7 of the Affidavit of Esther Mwihaki Mathenge be included in the confirmed grant to be issued jointly to Esther Mwihaki Mathenge and Duncan Mathenge Gitahi. The property shall be held in Trust of the //children and the widow shall have a life interest our all the properties.
It is so ordered.
Ruling read and signed on 6/2/04.
M. KOOME JUDGE