[2004] KEHC 2416 (KLR)
The court found that the applicant had provided sufficient evidence that certain assets were omitted from the original confirmed grant and that these assets should be included. The substitution of the co-administrator was justified as the deceased's son had attained majority, making it appropriate for him to jointly...
Source-derived case information.
- Citation
- [2004] KEHC 2416 (KLR)
- Parties
- Applicant: Esther Mwihaki Mathenge; Respondent: Jennifer Muthoni Ogembo; Respondent: Benson Gituhi Mutonyi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 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, Life Interest, Trust for Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mwihaki Mathenge
Applicant
Jennifer Muthoni Ogembo
Respondent
Benson Gituhi Mutonyi
Respondent
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.
- 3 Whether the widow should hold the property in trust for the children with a life interest.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence that certain assets were omitted from the original confirmed grant and that these assets should be included. The substitution of the co-administrator was justified as the deceased's son had attained majority, making it appropriate for him to jointly hold the grant with his mother. The court further held that the widow shall have a life interest in all the properties, which shall be held in trust for the children, in accordance with the Law of Succession Act. The orders sought by the applicant were therefore granted.
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
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 573 OF 2002IN THE MATTER OF THE ESTTE 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