[2025] KEHC 9815 (KLR)
The court found that LR No. 3734/264 Convent Drive, Lavington was not registered in the name of the deceased but in the names of other individuals. Based on Section 99 of the Civil Procedure Act, the court held that it had the power to correct its judgment to reflect the true position regarding the ownership of the...
Source-derived case information.
- Citation
- [2025] KEHC 9815 (KLR)
- Parties
- Applicant: Catherine Njeri Macharia; Respondent: Kirima Trust; Respondent: Jane Kirima; Respondent: Teresia Kirima; Respondent: Alice Kirima; Respondent: Estate of Elizabeth Kirima; Respondent: Estate of Agnes Kirima; Respondent: Wanjau Kirima; Respondent: Ruth Kirima; Respondent: Susan Kirima
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1298 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Judgment
- Outcome
- Application for review allowed; judgment corrected to exclude LR No. 3734/264 Convent Drive, Lavington from the estate assets available for distribution.
- Judges
- PM Nyaundi
- Legal Topics
- Estate Administration, Correction of Judgment, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Njeri Macharia
Applicant
Kirima Trust
Respondent
Jane Kirima
Respondent
Teresia Kirima
Respondent
Alice Kirima
Respondent
Estate of Elizabeth Kirima
Respondent
Estate of Agnes Kirima
Respondent
Wanjau Kirima
Respondent
Ruth Kirima
Respondent
Susan Kirima
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the court should review or vary its judgment to exclude LR No. 3734/264 Convent Drive, Lavington from the estate of the deceased.
- 2 Whether the property in question was erroneously included as part of the estate available for distribution.
Ratio Decidendi
The court found that LR No. 3734/264 Convent Drive, Lavington was not registered in the name of the deceased but in the names of other individuals. Based on Section 99 of the Civil Procedure Act, the court held that it had the power to correct its judgment to reflect the true position regarding the ownership of the property. The court determined that the property should be excluded from the list of assets available for distribution in the estate of Gerishon Kamau Kirima and should instead be included among the assets excluded from distribution. The application for review was therefore allowed, and the judgment was corrected accordingly.
Court Disposition
Application for review allowed; judgment corrected to exclude LR No. 3734/264 Convent Drive, Lavington from the estate assets available for distribution.
Orders
- LR No. 3734/264 Convent Drive, Lavington (Original No. 3734/5/151) is to be included at paragraph 226 of the judgment as an asset excluded from distribution.
- LR No. 3734/264 Convent Drive, Lavington (Original No. 3734/5/151) is to be removed from paragraph 240 of the judgment enumerating properties available for distribution.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Gerishon Kamau Kirima (Deceased) (Succession Cause 1298 of 2011) [2025] KEHC 9815 (KLR) (Family) (4 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9815 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1298 of 2011
PM Nyaundi, J
July 4, 2025
IN THE MATTER OF THE ESTATE OF GERISHON KAMAU KIRIMA (DECEASED)
Ruling
Introduction 1. By Notice of Motion May 21, 2025, the Applicant Catherine Njeri Macharia seeks that the Court review and or vary portion of its judgment delivered on 21st February 2025 so as to exclude property known as LR No. 3734/264 Convent Drive, Lavington (Original No. 3734/5/151) as a property that is available for distribution in the estate of G. K. Kirima (Deceased).
2. The Application is not opposed. I take note of Section 99 of the Civil procedure Act that provides-Clerical or arithmetical mistake in judgments, decrees or orders, or errors arising therein from any accumulated slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties
3. It is common ground that the subject parcel of land is not registered in the name of the deceased, it is registered in the names of Stephen Kirima, Fredrick Kamau Kirima and Samuel Ndei. At paragraph 226 of the judgment it is evident that the assets excluded from distribution were those not registered in the name of the deceased.
4. Accordingly, I will correct the judgment so as to include the property known as LR No. 3734/264 Convent Drive, Lavington (Original No. 3734/5/151) at paragraph 226 of the judgment and to remove it from paragraph 240 which enumerates the properties available for distribution.
5. There shall be no order as to costs
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 4TH DAY OF JULY 2025. P. M. NYAUNDIJUDGE.In the presence of:Mwangi Kigotho for Catherine Kirima the ApplicantOjiambo Senior Counsel and Wesonga for Kirima TrustMugo, Ondieki and Prof Migai for Jane KirimaNyamu for Teresia Kirima, Alice Kirima and Estate of Elizabeth KirimaJan Mohammed Senior Counsel for Estate of Agnes KirimaOkemwa holding brief for Ataka for Wanjau KirimaRuth Kirima self representingSusan Kirima self representingFardosa Court Assistant