[2021] KEHC 7055 (KLR)
The court found that the omission of shares in certain companies from the list of estate assets was inadvertent and that all administrators consented to the rectification. The 2nd administrator undertook to act as trustee for herself and her minor sisters, ensuring the interests of all beneficiaries are protected....
Source-derived case information.
- Citation
- [2021] KEHC 7055 (KLR)
- Parties
- Applicant: 1st Administrator (widower to the deceased); Applicant: 2nd Administrator (daughter of the deceased)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 360 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Summons for Rectification of Confirmed Grant
- Outcome
- Application allowed; rectification of confirmed grant granted as prayed.
- Judges
- EM Muriithi
- Legal Topics
- Succession, Grant Rectification, Trusteeship, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
1st Administrator (widower to the deceased)
Applicant
2nd Administrator (daughter of the deceased)
Applicant
Procedural Posture
Probate and Administration / Ruling on Summons for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be rectified to include omitted shares in companies as assets of the estate.
- 2 Whether the 2nd administrator should hold the shares in trust for herself and her minor sisters.
- 3 Whether the prior Grant of Letters of Administration Ad Colligenda Bona is spent upon distribution of the shares.
Ratio Decidendi
The court found that the omission of shares in certain companies from the list of estate assets was inadvertent and that all administrators consented to the rectification. The 2nd administrator undertook to act as trustee for herself and her minor sisters, ensuring the interests of all beneficiaries are protected. The prior limited grant for purposes of operating the companies was deemed spent upon distribution of the shares, and the subsequent petition for a full grant in the Magistrate’s Court was found to be improperly filed since a full grant already existed in the High Court. The court therefore granted the rectification as sought in the summons, with costs in the cause.
Court Disposition
Application allowed; rectification of confirmed grant granted as prayed.
Orders
- Prayers Nos. 2, 3, 4 and 5 of the Summons dated 3/11/2020 are granted as prayed.
- Costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
P&A 360 OF 2014
IN THE ESTATE OF CATHERINE KINANU MUKINDIA
RULING
[1] This is a Ruling on the Summons dated 3/11/2020 seeking rectification of certificate of Confirmed Grant herein among other orders. The application is brought by the 1st administrator, the widower to the deceased seeking to have the confirmed Grant rectified to provide for the 2nd Administrator daughter of the deceased
[2] With the 1st administrator to hold upon trust for herself and her sisters (both minors) in equal shares, shares in named companies which were inadvertently omitted from the list of assets of the estate at the time of filing the petition.
[3] The applicant has by this application given his consent to the rectification and the 2nd applicant has consented to the rectification undertaking to carry out the trusteeship duty with fidelity by affidavit sworn on 3/11/2020.
[4] The prior Grant of Letters of Administration Ad Colligenda Bona for purposes of operating the said Companies issued to the 2nd applicant under succession cause Meru HC Succession Cause No. 26 of 2020 is spent upon distribution of the shares to the 2nd applicant and her siblings as prayed, and the court file on the said proceedings ought to be closed upon grant of the order of rectification herein.
[5] A petition for full Grant filed in the Magistrate’s Court subsequent to this proceedings as Meru CMC Succession Cause No. 156 of 2020 is obviously wrongfully filed, there already having been in existence the present proceedings Meru HC Succession Cause 360 of 2014 a Petition for the very full Grant in the same Estate.
Orders
[6] Accordingly, for the reasons set out above, I find merit in the applicants’ Summons dated 3/11/2020 and I grant the prayers sought in Prayers Nos. 2, 3, 4 and 5 thereof as prayed. Costs in the Cause. Order accordingly.
DATED AND DELIVERED THIS 28TH DAY OF JANUARY 2021.
EDWARD M. MURIITHI
JUDGE
Appearances:
Mr. Kimaita for the Applicant.