[2024] KEHC 4720 (KLR)
The court found that, following the death of the original administrator, Teresia Wanjiru Waihiga, and with all adult beneficiaries consenting to the removal of her name and the appointment of Rose Wanjiku Mwangi as sole administrator, as well as agreeing on the mode of distribution, there was no dispute to...
Source-derived case information.
- Citation
- [2024] KEHC 4720 (KLR)
- Parties
- Applicant: Rose Wanjiku Mwangi; Respondent: Paul Nyambari Mwangi; Respondent: Stephen Waihiga Mwangi; Respondent: Veronica Nyamweru Mwangi; Respondent: Teresia Wanjiru Waihiga (deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 64 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed. Grant rectified to remove deceased administrator and confirm agreed distribution.
- Judges
- PN Gichohi
- 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
Rose Wanjiku Mwangi
Applicant
Paul Nyambari Mwangi
Respondent
Stephen Waihiga Mwangi
Respondent
Veronica Nyamweru Mwangi
Respondent
Teresia Wanjiru Waihiga (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to remove the deceased administrator and appoint a surviving beneficiary as sole administrator.
- 2 Whether the proposed mode of distribution among the adult children is agreeable and should be adopted.
Ratio Decidendi
The court found that, following the death of the original administrator, Teresia Wanjiru Waihiga, and with all adult beneficiaries consenting to the removal of her name and the appointment of Rose Wanjiku Mwangi as sole administrator, as well as agreeing on the mode of distribution, there was no dispute to adjudicate. The court held that the rectification of the grant and the adoption of the agreed distribution schedule were justified and in accordance with the Law of Succession Act. The beneficiaries' cohesion and consensus were commended, and the application for rectification was allowed as prayed.
Court Disposition
Application for rectification of grant allowed. Grant rectified to remove deceased administrator and confirm agreed distribution.
Orders
- The name of Teresia Wanjiru Waihiga is revoked as administrator, leaving Rose Wanjiku Mwangi as sole administrator.
- The grant is rectified in terms of the summons dated 13th July, 2023.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Albert Mwangi Maru (Deceased) (Succession Cause 64 of 2006) [2024] KEHC 4720 (KLR) (8 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4720 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 64 of 2006
PN Gichohi, J
May 8, 2024
IN THE MATTER OF ESTATE OF ALBERT MWANGI MARU (DECEASED)
Ruling
1. The grounds are on the face of the application supported by the Affidavit of Rose Wanjiku Mwangi. The grant had been confirmed on 8th December, 2006. The children (minors) for who Teresia Wanjiru Waihiga and Rose Wanjiku Mwangi held some properties are now adults. Teresia Wanjiru Waihiga was the widow of the deceased Albert Mwangi Maru and the mother of four children now before court. She is now deceased having died on 1st May, 2018.
2. The children Rose Wanjiku Mwangi, Paul Nyambari Mwangi, Stephen Waihiga Mwangi and Veronica Nyamweru Mwangi have appeared before this court today and are all in agreement that the name of their mother Teresia Wanjiru Waihiga be revoked as the Administrator leaving Rose Wanjiku Mwangi as the Administrator. They are also in agreement on the mode of distribution of the property as per the schedule of distribution dated 13th July, 2023 and filed on 9th October, 2023. They have signed the same to confirm they are in agreement and have also intimated the name before court.
3. The court has considered that application, the Affidavit in support and the annextures thereto. There being no disagreement among the beneficiaries, the Grant is rectified in terms of the summons dated 13th July, 2023. The deceased’s children are commended for cohesion.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 8TH DAY OF MAY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:-All beneficiaries.Ms Otokoma Advocate h/b for Mr Kerongo for beneficiaries.Oleperon - Court Assistant.