[2015] KEHC 6753 (KLR)
The court found that since Esther Munyiva Mbai, a co-administrator, had died before the transfer of certain assets, it was necessary to revoke the previous grant and appoint new administrators, namely Fiona Ndinda Mbai and Gideon Mulwa Mbai. The court further held that the certificate of confirmation of grant should...
Source-derived case information.
- Citation
- [2015] KEHC 6753 (KLR)
- Parties
- Applicant: Gideon Mulwa Mbai; Applicant: Fiona Ndinda Mbai; Respondent: Esther Munyiva Mbai (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 431 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed; previous grant revoked; new administrators appointed; certificate of confirmation of grant amended.
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Administration of Estates, Replacement of Administrator, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Mulwa Mbai
Applicant
Fiona Ndinda Mbai
Applicant
Esther Munyiva Mbai (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to replace a deceased administrator with a new one.
- 2 Whether the certificate of confirmation of grant should be amended to incorporate the schedule of distribution from a subsequent grant.
- 3 Whether the identified parcels of land should devolve upon the new administrators.
Ratio Decidendi
The court found that since Esther Munyiva Mbai, a co-administrator, had died before the transfer of certain assets, it was necessary to revoke the previous grant and appoint new administrators, namely Fiona Ndinda Mbai and Gideon Mulwa Mbai. The court further held that the certificate of confirmation of grant should be amended to reflect the distribution of the specified parcels of land in the Nguluni Adjudication Section to the new administrators, in accordance with the schedule of distribution from the subsequent grant issued in HCSC No. 1159 of 2011. The court exercised its statutory powers under the Law of Succession Act to ensure proper administration and distribution of the estate,...
Court Disposition
Application for rectification of grant allowed; previous grant revoked; new administrators appointed; certificate of confirmation of grant amended.
Orders
- The grant of letters of administration intestate dated 30th May 1994 is revoked.
- Fiona Ndinda Mbai and Gideon Mulwa Mbai are appointed administrators of the estate of the deceased, and a new grant of letters of administration intestate shall issue to them.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 431 OF 1994
IN THE MATTER OF THE ESTATE OF DAVID MBAI NTHUSI –(DECEASED)
RULING
The application dated 25th June 2014 seeks rectification of the certificate of confirmation of grant dated 27th January 1995. It is premised on the facts set out in the affidavit of one of the administrators, Gideon Mulwa Mbai.
The applicant seeks that a dead administrator, Esther Munyiva Mbai, be replaced as co-administrator by Fiona Mbai, one of her daughters and one of the administrators of her estate as appointed in Nairobi HCSC No. 1159 of 2011.
The second prayer is that the certificate of confirmation of grant dated 27th January 1995 be amended to incorporate the schedule of distribution contained in the certificate of confirmation of grant dated 27th February 2013 issued in HCSC No. 1159 of 2011.
The said incorporation should only relate to five (5) parcels of land that Esther Munyiva Mbai was entitled to from the estate of her deceased husband, David Mbai Nthusi. The said parcels of land are in the Nguluni Adjudication Section and are number 1311 sheet no. 33, 1313, 1315, 1317 and 2278 sheet No. 23.
The applicant states that their mother died before the said assets could be transferred to her name, and it has therefore become difficult for them to implement the certificate of confirmation of grant dated 27th February 2013.
The orders that I will make in the circumstances are:-
That the grant of letters of administration intestate dated 30th May 1994 is hereby revoked;
That I do hereby appoint Fiona Ndinda Mbai and Gideon Mulwa Mbai administrators of the estate of the deceased herein and a grant of letters of administration intestate shall issue to them accordingly.
That the certificate of confirmation of grant dated 27th January 1995 to be amended so as to reflect parcels numbers 1311 sheet No. 33 and 1313 sheet No. 23, 1315 sheet No.32, 1317 sheet No. 23 and 2278 sheet No. 23 in the Nguluini Adjudication Section as devolving upon Fiona Ndinda Mbai and Gideon Mulwa Mbai as administrators of the estate of Esther Munyiva Mbai; and
That costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF January 2015.
W. MUSYOKA
JUDGE
In the presence of Mr. Kuria for Mr. Kamanda for the applicant.