[2019] KEHC 9265 (KLR)
The court found that the applicants had provided sufficient evidence, including affidavits and a deed poll, to justify the requested amendments to the names of the beneficiaries and administrators. The court also accepted the removal of Jane Njeri Meroge as an administrator due to her death. Accordingly, the court...
Source-derived case information.
- Citation
- [2019] KEHC 9265 (KLR)
- Parties
- Applicant: Lucy Agnes Nyambura Meroge; Applicant: David Ndimitai Meroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 370 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Grant
- Outcome
- application granted
- Judges
- A Ali-Aroni
- Legal Topics
- Amendment of Grant, Name Change, Administrator Removal, Deceased Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Agnes Nyambura Meroge
Applicant
David Ndimitai Meroge
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Amend Grant
Legal Issues
- 1 Whether the names of certain beneficiaries and administrators in the grant should be amended as requested.
- 2 Whether the removal of a deceased administrator from the grant is warranted.
Ratio Decidendi
The court found that the applicants had provided sufficient evidence, including affidavits and a deed poll, to justify the requested amendments to the names of the beneficiaries and administrators. The court also accepted the removal of Jane Njeri Meroge as an administrator due to her death. Accordingly, the court exercised its discretion under the Law of Succession Act to allow the amendments, ensuring the grant accurately reflected the current legal and factual circumstances of the estate administration.
Court Disposition
application granted
Orders
- The confirmed grant be amended in terms of paragraph 2 (h) of the application to reflect the correct names and removal of the deceased administrator.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 370 OF 1996
IN THE MATTER OF THE ESTATE OF GEORGE WILLIAM MEROGE (DECEASED)
LUCY AGNES NYAMBURA MEROGE
DAVID NDIMITAI MEROGE…………..…………….…….APPLICANTS
R U L I N G
1. The application before court is dated 16th August 2018. The same seeks for amendment of names of 5 persons namely as follows;-
- Agnes Lucy Nyambura Mwakulegwa to Lucy Agnes Nyambura Meroge
- Deceased to be referred as George William Meroge also known as George Meroge
- Wanyenji Karanja Meroge to Karanja Peter Wanyenji Meroge &
- Jane Njeri Meroge who is since deceased to be removed as an administrator
2. The application is supported by the affidavit signed by LucyAgnes Nyambura Meroge and David Ndimitai Meroge to the effect that David Ndimitai George changed his name vide an annexed deed poll. Manyenji Karanja Meroge’s name on his national identity card has the additional name; Peter, Agnes Lucy Nyambura had assumed her spouse’s name Mwakulegwa but she has since divorced and assumed her maiden name.
3. Having considered the application, the same is granted. The confirmed grant be amended in terms of paragraph 2 (h) of the application.
Dated and Delivered in Nairobi on this 14th day of March, 2019
…………………………………….
ALI-ARONI
JUDGE