[2019] KEHC 8201 (KLR)
The application for rectification of the grant was declined because the applicant failed to provide adequate proof that the named beneficiaries were deceased, did not specify the number or consent of the children of the deceased siblings, and did not demonstrate that those who signed had authority to do so on behalf...
Source-derived case information.
- Citation
- [2019] KEHC 8201 (KLR)
- Parties
- Applicant: Reuben Kamau Kamaru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 856 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application declined
- Judges
- A Ali-Aroni
- Legal Topics
- Rectification of Grant, Estate Administration, Beneficiary Consent, Trusts in Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kamau Kamaru
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant should be rectified to reflect that the deceased owned only half of Dagoretti/Kangemi/T.464.
- 2 Whether the name of the deceased administratrix should be corrected.
- 3 Whether all shares named in the grant should vest in the applicant.
Ratio Decidendi
The application for rectification of the grant was declined because the applicant failed to provide adequate proof that the named beneficiaries were deceased, did not specify the number or consent of the children of the deceased siblings, and did not demonstrate that those who signed had authority to do so on behalf of others. Additionally, the applicant did not sufficiently justify the need to hold the shares in trust rather than distributing them directly to the rightful beneficiaries. The court found these omissions fatal to the application and declined to grant the orders sought.
Court Disposition
application declined
Orders
- The application dated 20th December, 2018 is declined.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 856 OF 2006
IN THE MATTER OF THE ESTATE OF JAMES KAMAU KAMARU (DECEASED)
REUBEN KAMAU KAMARU……………...……..……………APPLICANT
R U L I N G
1. The application before court is dated 20th December, 2018 by Reuben Kamau Kamaru who seeks to rectify the grant such that:
a. Property Dagoretti/Kangemi/T.646 be available to the estate only by ½ portion.
b. The name of the deceased administratrix be corrected from Teresiah Wangui Kimani to Teresia Wangui Kamau;
c. That all the shares named in the grant do vest in Reuben Kamau Kamau.
2. The application is based on grounds that:
a. The deceased only owned half of Dagoretti/Kangemi/T.464;
b. Beatrice Wambui Kamau, Lucy Wanjiru Kamau and Paul Irungu Kamaru are now deceased and with the consent of their dependants and other beneficiaries of their deceased siblings the applicant wishes to hold their in trust to divide amongst the said dependants in future.
3. The application is supported by the affidavit of the Applicant
Wherein he has reiterated the above-mentioned grounds.
4. However, the Applicant did not annex proof that the named beneficiaries are indeed deceased. Secondly, he did not give details of how many children his siblings left behind and whether all of them are agreeable to his proposal. Importantly also is whether those who signed had authority to do so on behalf of others.
5. Thirdly, nothing much was said of the dependants of Paul Irungu Kamaru.
6. Fourthly, the Applicant did not demonstrate to the court the need for him to hold the interest in trust other than the same going to directly to the rightful owners..
7. For the above reasons the application is declined.
Dated and Delivered in Nairobi on this4th day of April, 2019
.......................
ALI-ARONI
JUDGE