[2023] KEHC 22714 (KLR)
The court found that the applicant had identified additional assets of the deceased's estate that were not included in the original grant. However, the applicant failed to provide sufficient proof that the parcel of land Katine/Matungulu/1745 belonged to the deceased's estate, and was directed to file further...
Source-derived case information.
- Citation
- [2023] KEHC 22714 (KLR)
- Parties
- Applicant: Peter Nzioka Paul
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 185 of 2000
- Procedural Posture
- Probate and Administration / Ruling on Summons for Rectification of Grant
- Outcome
- partially allowed, pending further evidence on land
- Judges
- FROO Olel
- Legal Topics
- Rectification of Grant, Distribution of Estate, Bank Accounts in Estate, Land in Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nzioka Paul
Applicant
Procedural Posture
Probate and Administration / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include additional properties of the estate not previously distributed.
- 2 Whether sufficient proof has been provided that parcel L.R Katine/Matungulu/1745 forms part of the deceased's estate.
- 3 How the funds in the two Kenya Commercial Bank accounts should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the applicant had identified additional assets of the deceased's estate that were not included in the original grant. However, the applicant failed to provide sufficient proof that the parcel of land Katine/Matungulu/1745 belonged to the deceased's estate, and was directed to file further evidence (the green card) before the court could make a final order regarding that property. The court ordered that the funds in one Kenya Commercial Bank account be vested in the applicant as the sole beneficiary, while half the funds in the joint account be vested in the applicant and the other half in the legal administrators of the co-account holder, Beatrice Ndinda Paul. The...
Court Disposition
partially allowed, pending further evidence on land
Orders
- Funds in account no. ****** at Kenya Commercial Bank Tala to vest in the applicant.
- Half the funds in joint account no. ****** at Kenya Commercial Bank Tala to vest in the applicant; the other half to vest in the legal administrators of Beatrice Ndinda Paul.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Beatrice Mukulu Wambua (Deceased) (Probate & Administration 185 of 2000) [2023] KEHC 22714 (KLR) (26 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22714 (KLR)
Republic of Kenya
In the High Court at Machakos
Probate & Administration 185 of 2000
FROO Olel, J
September 26, 2023
In the matter of
Peter Nzioka Paul
Applicant
Ruling
1. Before court is the court summons application dated August 25, 2023 wherein the applicant is seeking of rectification of grant (certificate of confirmation of Grant) dated September 23, 2008). The applicant depones that he was not aware that there were other properties of the estate which he had not included and later on came to discover the same.
2. The properties of the estate not initially included for distribution were;a.Funds in bank account number ******** held at Kenya Commercial Bank Tala Branch.b.Funds in joint bank account no.******** held at Kenya Commercial Bank Tala Branch in the name of the deceased (Beatrice Mukulu Wambua) and her co-wife Beatrice Ndinda Paul also deceased.c.Piece of land known as Land Reference Number Katine/Matungulu/1745 which the deceased during her life time sold to Joseph Ngulukyo Musomba holder of National Identity Card no.1460908.
3. The applicant does propose that the sums held in the two Kenya Commercial Bank Accounts no ******* and no.****** be vested in him as the only beneficiary of the estate, while parcel Katine/Matungulu/1745 be vested on Joseph Ngulukyo Musomba the beneficial owner thereof.
4. Having considered the said application and the annexures thereof I do find that;a.There is no proof annexed to show that parcel L.R Katine/Matungulu/1745 belongs to the estate of Beatrice Makulu Wambua and the applicant is directed to file a further affidavit attaching the green card of the said parcel of land (not land search).b.Funds held in account no.****** held at Kenya Commercial Bank – Tala will vest in the applicant.c.Half the fund held in account no.****** held at Kenya commercial Bank Tala Branch will vest in the applicant while the other half consisting part of the estate of Beatrice Ndinda Paul will vest in her legal administrators.d.The applicant to comply with order (a) above before final orders with regard to rectification of grant can be issued.
5. It is ordered.
RULING WRITTEN, DATED AND SIGNED AT MACHAKOS THIS 26TH DAY OF SEPTEMBER, 2023. FRANCIS RAYOLA OLELJUDGE