[2023] KEHC 2926 (KLR)
The court found that the property described as Nakuru Municipality Block 27/773 in the certificate of confirmed grant was previously known as LR No 12786/667, as evidenced by the letter from the County Surveyor. The court held that rectifying the property description would not prejudice any beneficiary and was...
Source-derived case information.
- Citation
- [2023] KEHC 2926 (KLR)
- Parties
- Applicant: Monica Mugure Kamau; Respondent: Martha Wachika Kamau
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 123 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Administration of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Mugure Kamau
Applicant
Martha Wachika Kamau
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be rectified to correct the property description from Nakuru Municipality Block 27/773 to Nakuru/Municipality LR No 12786/667.
- 2 Whether such rectification would prejudice any of the beneficiaries.
Ratio Decidendi
The court found that the property described as Nakuru Municipality Block 27/773 in the certificate of confirmed grant was previously known as LR No 12786/667, as evidenced by the letter from the County Surveyor. The court held that rectifying the property description would not prejudice any beneficiary and was necessary for the full administration of the estate. The application for rectification was therefore allowed, and the administrators were directed to conclude administration and render accounts within six months.
Court Disposition
application allowed
Orders
- A rectified certificate of confirmation of grant to issue, correcting property description from Nakuru Municipality Block 27/773 to Nakuru/Municipality LR No 12786/667.
- Administrators to conclude administration of the estate within six months and render accounts to court as per Section 83 of the Law of Succession Act.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of John K. Gikonyo (Deceased) (Succession Cause 123 of 2003) [2023] KEHC 2926 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2926 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 123 of 2003
RE Aburili, J
March 24, 2023
IN THE MATTER OF THE ESTATE OF JOHN K. GIKONYO- DECEASED AND IN THE MATTER OF AN APPLICTION BY MONICA MUGURE KAMAU
In the matter of
Monica Mugure Kamau
Applicant
Ruling
1. The grant of letters of administration intestate was issued to Monica Mugure Kamau and Martha Wachika Kamau on July 20, 2007 and confirmed on October 6, 2008; sharing out the properties of the estate to all the listed beneficiaries.
2. Vide the application dated June 28, 2022, Monica Mugure Kamau seeks orders for rectification of the certificate of confirmed grant to correct the description of property stated as Nakuru Municipality Block 27/773 to read Nakuru/Municipality LR No 12786/667 as per the letter from the Lands Office, Nakuru dated September 13, 2016.
3. I have perused the letter dated September 13, 2016 which is signed by the County Surveyor, Nakuru County, a Mr. James Kiriuki. It states at paragraph 2 that LR No 12786/667 was converted to Nakuru Municipality Block 27/773.
4. It wold appear that the administrators should have quoted the old number before conversion. I find no prejudice will be occasion to any of the beneficiaries if the title number is rectified to enable full administration of the estate of John K. Gikonyo (deceased).
5. I allow the application and direct that a rectified certificate of confirmation of grant do issue, rectifying property No Nakuru Municipality Block 27/773 to read Nakuru/Municipality LR No 12786/667.
6. The administrators to conclude the administration of the deceased’s estate within six (6) months of today and render accounts to court as stipulated in Section 83 of the Law of Succession Act.
7. Parties to be notified forthwith to collect Certificate of Confirmation of Grant.
8. This file is now closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. ABURILIJUDGE