[2024] KEHC 5562 (KLR)
The court held that while the application for rectification of the grant to distribute LR. Nkuene/Uruku/405 directly to the beneficiaries of the now-deceased original allottees was not merited—since the current succession cause pertains only to the estate of Esther Wanjiku alias Esther Karimi Chege—the interests of...
Source-derived case information.
- Citation
- [2024] KEHC 5562 (KLR)
- Parties
- Applicant: Kenneth Gitonga Mwendwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant not merited but orders issued for distribution to estates of original beneficiaries.
- Judges
- TW Cherere
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Beneficiaries Deceased, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Gitonga Mwendwa
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the court can order distribution of the deceased's estate to the beneficiaries of the original allottees who are now deceased.
- 2 Whether the application for rectification of grant is merited in the context of the current succession cause.
Ratio Decidendi
The court held that while the application for rectification of the grant to distribute LR. Nkuene/Uruku/405 directly to the beneficiaries of the now-deceased original allottees was not merited—since the current succession cause pertains only to the estate of Esther Wanjiku alias Esther Karimi Chege—the interests of justice require that the property be distributed in accordance with the original confirmation of grant. Therefore, the court ordered that the property be distributed in three equal shares to the estates of Geoffrey Kimathi Mwendwa, Julius Muthuuri Mwendwa, and Japhet Kaburu Mwendwa, with further transmission to be handled in their respective succession causes. The court also...
Court Disposition
Application for rectification of grant not merited but orders issued for distribution to estates of original beneficiaries.
Orders
- LR Nkuene/Uruku/405 shall be distributed as follows: 1/3rd to the estate of Geoffrey Kimathi Mwendwa, 1/3rd to the estate of Julius Muthuuri Mwendwa, 1/3rd to the estate of Japhet Kaburu Mwendwa.
- Rectified Certificate of Confirmation to issue.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Esther Wanjiku alias Esther Karimi Chege alias Esther Karimi Wanjiku Chege (Deceased) (Succession Cause 27 of 2007) [2024] KEHC 5562 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5562 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 27 of 2007
TW Cherere, J
April 25, 2024
IN THE MATTER OF THE ESTATE OF ESTHER WANJIKU alias ESTHER KARIMI CHEGE alias ESTHER KARIMI WANJIKU CHEGE (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION
In the matter of
Kenneth Gitonga Mwendwa
Petitioner
Ruling
1. The Certificate of Confirmation of Grant in this matter was issued on 30th January, 2012 reveals that the deceased’s estate comprised in LR. Nkuene/Uruku/405 was distributed in equal shares to Geoffrey Kimathi Mwendwa, Julius Muthuuri Mwendwa and Japhet Kaburu Mwendwa.
2. The certificate of search for the said asset reveals that it has to date not been distributed and remains in the name of the deceased.
3. Evidence in the form of certificates of death have been filed to demonstrate that the three beneficiaries namely Geoffrey Kimathi Mwendwa, Julius Muthuuri Mwendwa and Japhet Kaburu Mwendwa are now deceased.
4. By summons dated 16th October, 2023, Kenneth Gitionga Mwendwa (Petitioner/Applicant) seeks orders that LR. Nkuene/Uruku/405 be distributed to the beneficiaries of Geoffrey Kimathi Mwendwa, Julius Muthuuri Mwendwa and Japhet Kaburu Mwendwa whom he has listed in his affidavit sworn on 16th October, 2023.
5. Having considered the summons, I find that it is not merited for the reason that this matter relates to the estate of Esther Wanjiku alias Esther Karimi Chege alias Esther Karimi Wanjiku Chege (Deceased) and not the estates of Geoffrey Kimathi Mwendwa, Julius Muthuuri Mwendwa and Japhet Kaburu Mwendwa.
6. In the interest of justice however, it is hereby ordered as follows;1. LR Nkuene/Uruku/405 shall be distributed as follows:a.1/3rd to the estate of Geoffrey Kimathi Mwendwab.1/3rd to the estate of Julius Muthuuri Mwendwac.1/3rd to the estate of Japhet Kaburu Mwendwa3. Rectified Certificate of Confirmation to issue4. Mention on 19th September, 2024 to confirm transmission
DATED AT MERU THIS 25TH DAY OF APRIL 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioner/Applicant -Mr. Muriira for Steve Muriira & Co. Advocates