[2021] KEHC 1040 (KLR)
The court found that the applicant had demonstrated that certain assets belonging to the deceased were inadvertently omitted from the confirmed grant. The court noted that the applicant had provided documentary evidence, including a title deed, to support the inclusion of the omitted property. There being no...
Source-derived case information.
- Citation
- [2021] KEHC 1040 (KLR)
- Parties
- Respondent: David Mukuba Gitari (Deceased); Applicant: Administrator of the Estate of David Mukuba Gitari
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 18 of 2018
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Succession, Rectification of Grant, Omitted Assets, Probate, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mukuba Gitari (Deceased)
Respondent
Administrator of the Estate of David Mukuba Gitari
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include omitted assets and correct errors in the schedule of assets.
- 2 Whether the applicant has provided sufficient evidence to warrant rectification of the grant.
Ratio Decidendi
The court found that the applicant had demonstrated that certain assets belonging to the deceased were inadvertently omitted from the confirmed grant. The court noted that the applicant had provided documentary evidence, including a title deed, to support the inclusion of the omitted property. There being no objection to the application, and in accordance with Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules, the court held that the rectification of the grant was merited. The court therefore allowed the summons for rectification in terms of the prayers sought, thereby amending the grant to include the omitted assets and correct the errors as...
Court Disposition
summons for rectification of grant allowed
Orders
- The grant of letters of administration is rectified to include Barclays Bank – Kerugoya branch, A/c No. 2022xxxx.
- The grant is rectified to include property Ngariawa/Ngiriama 3866 F (0.70 Ha).
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
SUCCESSION CAUSE NO. 18 OF 2018
IN THE MATTER OF THE ESTATE OF DAVID MUKUBA GITARI (DECEASED)
RULING
1. The grant of Letters of Administration for the Estate of the late David Mukuba Gitari (deceased) was confirmed on the 11/11/2019 and a Certificate of Confirmation issued on the 12/11/2019.
2. By a Summons for Rectification of the grant dated 21/10/2020 and filed on the 22/10/2020, the administrator of the Estate sought orders to rectify the grant under Section 74 of the Law of Succession Act Cap 160 Laws of Kenya,andRules 43(1) of the Probate and Admiration Rules.
3. The mode of rectification sought is stated at prayer No. 1 (a), (b) and (c) of the application being addition of omitted assets as hereunder, and correction of errors:
a) additional of Barclays Bank –Kerugoya branch, A/c No. 2022xxxx.
b) Property described as Ngariawa/Ngiriama 3866 F (0. 70 Ha)
c) Shares held in KCB bank, and several Saccos and Co-operative societies, particulars stated therein.
4. The applicant/administrator has in the Supporting Affidavit deponed that they were advertently omitted, and has attached as exhibit, the title deed that confirms that indeed the omitted property and shares belonged to the deceased.
5. I have not seen copies of the certificates of shares, but nevertheless, there being no objection to the Rectification and inclusion of the said shares in the various cooperative societies, building societies and banks, I find merit in the application
I therefore allow the summons for Rectification of grant in terms of prayers No. 1 (a), (b) and (c) and 2 of the summons dated 21/10/2020.
DATED AND SIGNED THIS........................DAY OF.........................2021
HON. J. N. MULWA
JUDGE
DELIVERED AT KERUGOYA THIS 14TH DAY OF DECEMBER 2021
HON. R. MWONGO
JUDGE