[2010] KEHC 1953 (KLR)
The court found that the applicant had demonstrated that certain properties belonging to the deceased were inadvertently omitted from the original schedule of assets in the grant of letters of administration. Under rule 43(1) of the Probate and Administration Rules, the court has the authority to rectify such errors...
Source-derived case information.
- Citation
- [2010] KEHC 1953 (KLR)
- Parties
- Applicant: Lucia Kibui Muchiri
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 5 of 2008
- Procedural Posture
- Probate and Administration / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Estate Administration, Omitted Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucia Kibui Muchiri
Applicant
Procedural Posture
Probate and Administration / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include properties omitted from the original schedule of the deceased's estate.
- 2 Whether the applicant has established sufficient grounds for rectification under rule 43 of the Probate and Administration Rules.
Ratio Decidendi
The court found that the applicant had demonstrated that certain properties belonging to the deceased were inadvertently omitted from the original schedule of assets in the grant of letters of administration. Under rule 43(1) of the Probate and Administration Rules, the court has the authority to rectify such errors to ensure the complete and proper administration of the estate. The court was persuaded by the evidence and the legal basis provided, and therefore allowed the application for rectification to include the omitted properties and shares as part of the estate.
Court Disposition
application allowed
Orders
- The grant of letters of administration issued to Lucia Kibui Muchiri on 27th November, 2008 is rectified to include Plot No. 2175, 2204, and 3695 Tuwan Farm, Urban Project, and shares at Rongai Ngwataniro Company Limited as part of the estate of the deceased.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
Probate & Administration 5 of 2008
IN THE MATTER OF THE ESTATE OF JOHN GITHUA MUCHIRI....DECEASED.
AND LUCIA KIBUI MUCHIRI ...............................................................................................APPLICANT.
R U L I N G.
By summons for rectification of grant, pursuant to rule 43 of the Probate and Administration Rules, the applicant seeks orders:-
1. THAT,the grant of letters of administration issued to LUCIA KIBUI MUCHIRI in this matter on the 27th November, 2008 be rectified in the following respects as provided for under rule 43 (1) of the Probate and Administration Rules:
2. THAT, Plot No. 2175, 2204 and 3695 Tuwan Farm, Urban Project and shares at Rongai Ngwataniro Company Limited be included in the list of property which forms part of the estate of the deceased.
3. THAT, costs of this application be provided for WHICH TheaAPPLICATION is predicated upon the annexed affidavit of LUCIA KIBUI MUCHIRI sworn on the 1st day of September, 2009.
The application is based on the grounds that certain properties of the deceased inadvertently were left out of the schedule for distribution, namely, plots No. 2175, 2204 and 3695 Tuwan Farm, Urban Project and shares at Rongai Ngwataniro Company Ltd.
I was urged, on behalf of the applicant, that letters of administration was issued on 27th November, 2008. That unfortunately, the said grant contains errors.Properties known as plot No. 2175, 2201, 2204 and 3695 Tuwan Farm and Urban Project and shares at Rongai Ngwataniro Company Ltd Project were left out of the schedule for distribution.In order to complete the process, it is necessary that the errors be rectified by the court.
I have carefully analysed the evidence in support vis-à-vis the law on the point and is of the persuasion that the application is merited.
Accordingly, there shall be orders in terms of prayer 1 and 2 of the application.There shall be no orders as to costs.
ated and delivered at Kitale this 1st day of July, 2010.
N.R.O. OMBIJA.
JUDGE.