[2024] KEHC 343 (KLR)
The court found that the application for rectification was merited because the omission of Jane Kajuju Arimi as a beneficiary was inadvertent and supported by evidence. Additionally, the death of the 1st Administrator, Veronica Karambu Munene, necessitated revocation and reissuance of the grant in the name of the...
Source-derived case information.
- Citation
- [2024] KEHC 343 (KLR)
- Parties
- Applicant: Alex Kathuri Kiara; Administrator: Veronica Karambu Munene; Beneficiary: Jane Kajuju Arimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 494 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- TW Cherere
- Legal Topics
- Succession, Rectification of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Kathuri Kiara
Applicant
Veronica Karambu Munene
Administrator
Jane Kajuju Arimi
Beneficiary
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 include Jane Kajuju Arimi as a beneficiary.
- 2 Whether the letters of administration should be revoked and reissued in the name of the surviving administrator.
Ratio Decidendi
The court found that the application for rectification was merited because the omission of Jane Kajuju Arimi as a beneficiary was inadvertent and supported by evidence. Additionally, the death of the 1st Administrator, Veronica Karambu Munene, necessitated revocation and reissuance of the grant in the name of the surviving administrator. The court exercised its discretion under the Law of Succession Act to rectify the Certificate of Confirmation of Grant and to ensure proper administration and distribution of the estate in accordance with the law and the interests of justice.
Court Disposition
Application for rectification of grant allowed.
Orders
- The letters of administration issued to Veronica Karambu Munene (now deceased) and Alex Kathuri Kiara are revoked and shall issue in the name of the surviving administrator Alex Kathuri Kiara.
- Certificate of Confirmation of Grant dated 10th May, 2002 is hereby rectified by deleting the name of Veronica Karambu Munene and substituting it with the name of Jane Kajuju Arimi.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Elijah Munene Muthuri alias Elijah Munene M'muthuri (Deceased) (Succession Cause 494 of 2015) [2024] KEHC 343 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 343 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 494 of 2015
TW Cherere, J
January 25, 2024
In the matter of the Estate of Elijah Munene Muthuri alias Elijah Munene M'muthuri (Deceased)
In the matter of
Alex Kathuri Kiara
Administrator
Ruling
1. Deceased’s estate was distributed by a Certificate of Confirmation of Grant dated 10th May, 2002. The estate has to date not been distributed and the 2nd Administrator/Applicant attributes the delay to the death of the 1st Administrator Veronica Karambu Munene who died on 29th March, as demonstrated by a burial permit annexed to the supporting by an affidavit sworn on 25th October, 2023 in support of an application for rectification of even date.
2. Applicant also seeks rectification of the Certificate of Confirmation of Grant to include the name of Jane Kajuju (daughter of deceased) whose name was inadvertently not included as one of the beneficiary of 0. 40 ha of LR. Abothuguchi/Katheri/601.
3. I have considered the explanation given by the applicant in support of the application for rectification dated 25th October, 2023 and I find that the application is merited.
4. Consequently, this court makes the following orders:1. The letters of administration issued to Veronica Karambu Munene (now deceased) and Alex Kathuri Kiara are revoked and shall issue in the name of the surviving administrator Alex Kathuri Kiara2. Certificate of Confirmation of Grant dated 10th May, 2002 is hereby rectified by deleting the name of Veronica Karambu Munene and substituting it with the name of Jane Kajuju Arimi3. Rectified certificate of confirmation of grant to issue accordingly4. Mention on 29th April, 2024 to confirm transmission
DATED AT MERU THIS 25TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGE