[2017] KEHC 5544 (KLR)
The court found that the applicant is a son of the deceased and that the original petitioner died before completing the administration of the estate. The court was satisfied by the evidence, including the death certificate and property search certificates, that two properties remained registered in the name of the...
Source-derived case information.
- Citation
- [2017] KEHC 5544 (KLR)
- Parties
- Applicant: Isaak Kithinji Kamunde; Respondent: Margaret Kambura Kamundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 123 of 1988
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Substitution and Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Succession, Grant Confirmation, Administrator Substitution, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaak Kithinji Kamunde
Applicant
Margaret Kambura Kamundi
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Substitution and Rectification of Grant
Legal Issues
- 1 Whether the applicant should be substituted as administrator of the estate following the death of the original petitioner.
- 2 Whether the Certificate of Confirmation of Grant should be rectified to include properties allegedly omitted from the estate.
- 3 Whether the application for substitution and rectification is meritorious and unopposed.
Ratio Decidendi
The court found that the applicant is a son of the deceased and that the original petitioner died before completing the administration of the estate. The court was satisfied by the evidence, including the death certificate and property search certificates, that two properties remained registered in the name of the deceased and had not been distributed. As there was no objection to the application, and the requirements for substitution and rectification under the Law of Succession Act were met, the court allowed the application as prayed in the relevant paragraphs of the summons.
Court Disposition
application allowed
Orders
- Applicant Isaak Kithinji Kamunde is substituted as administrator of the estate of Alexius Kamundi Gichare.
- The Certificate of Confirmation of Grant is rectified to include LR Mwimbi/S. Mugumango/687/1 and 48 for distribution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLENIOUS SUCCESSION CAUSE NO. 123 OF 1988
In the Matter of the Estate of ALEXIUS KAMUNDI GICHARE alias KAMUNDI GICHARI alias ALEXIUS KAMUNDE JOSES (DECEASED)
ISAAK KITHINJI KAMUNDE ……………………………APPLICANT
RULING
1. The Certificate of Confirmation of grant herein was issued on 18th March, 2002 to Margaret Kambura Kamundi. The estate of the deceased was entirely distributed to the said Margaret Kambura Kamundi (“the Petitioner”). The estate of the deceased constituted the following properties:-
(a) LR Mwimbi/S. Mugumango/48
(b) LR Igoji/Mwru 1/144
(c) LR Igoji/Mweru 1/504
(d) Business Plot No. 1 Ciakanyinga
(e) Business Plot No. 19 Mugumo wa Kibura
2. Apparently, on 19th December, 2009, the Petitioner died as per the death certificate No. C 159932 dated 22nd January, 2016. On 25th April, 2016, Isaak Kithenji Kamunde, a son to the deceased applied to be substituted as the administrator of the estate and for the rectification of the Certificate of Confirmation.
3. In his Affidavit in Support of the Summons, the Applicant swore that he is a son of the deceased; that the original Petitioner died before she could complete the administration of the estate. He further swore that he had discovered that two properties belonging to the deceased, to wit, Mwimbi/S. Mugumango/687/1 and 48, had been left out of the estate and wished the two properties to be distributed.
4. I have looked at the record. I am satisfied that the Applicant is a son of the deceased. I am also satisfied that the original Petitioner died in or about 2009 as per the death certificate produced. I have seen the Search Certificates of 22nd April, 2016 for LR No. Mwimbi/S. Mugumango/687/1 and 48, respectively. They are still registered in the names of Alexius Kamunde Joses, the deceased in this succession Cause. It is therefore clear that the original Petitioner passed away before completing the process of administration of the estate. The application has not been objected to.
5. In the premises, I find the application to be meritorious. I allow the same in terms of Paragraphs 1, 2 and 3 of the Summons. It is so ordered.
DATED AND DELIVERED AT MERU THIS 18TH DAY OF MAY, 2017.
A. MABEYA
JUDGE
18/05/2017