[2024] KEHC 11162 (KLR)
The court found that the applicant, as executrix and sole beneficiary, had demonstrated sufficient grounds for rectification of the grant of probate to include the newly discovered asset, Motor Vehicle Registration No. KCT 552T Nissan X-Trail. The omission was not deliberate but due to a misplaced logbook and...
Source-derived case information.
- Citation
- [2024] KEHC 11162 (KLR)
- Parties
- Applicant: Jeanine Therese Brooks
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeanine Therese Brooks
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of probate should be rectified to include Motor Vehicle Registration No. KCT 552T Nissan X-Trail as an asset of the estate.
- 2 Whether the applicant, as executrix and sole beneficiary, is entitled to the inclusion and distribution of the newly discovered asset.
Ratio Decidendi
The court found that the applicant, as executrix and sole beneficiary, had demonstrated sufficient grounds for rectification of the grant of probate to include the newly discovered asset, Motor Vehicle Registration No. KCT 552T Nissan X-Trail. The omission was not deliberate but due to a misplaced logbook and mistaken belief regarding ownership. There being no contest to the application, and in accordance with Rule 43(1) of the Probate and Administration Rules, the court allowed the rectification and ordered the asset to be included in the estate and distributed to the applicant. The court further directed compliance with Section 83 of the Law of Succession Act regarding the filing of...
Court Disposition
application for rectification of grant allowed
Orders
- Motor Vehicle Registration No. KCT 552T Nissan X-Trail to be included in the assets of the estate of John Norman Brooks.
- The asset to be distributed to Jeanine Therese Brooks, the sole beneficiary.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of John Norman Brooks (Deceased) (Succession Cause 1 of 2020) [2024] KEHC 11162 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11162 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1 of 2020
RE Aburili, J
September 25, 2024
IN THE MATTER OF THE ESTATE OF JOHN NORMAN BROOKS..................................................... (DECEASED) AND IN THE MATTER OF AN APPLICATION BY
In the matter of
Jeanine Therese Brooks
Applicant
Ruling
1. On 26th October, 2020, a grant of probate in respect of the estate of the deceased John Norman Brooks was made to the Executor of his will Jeanine Therese Brooks and the same was confirmed on 11th March 2022, rectified on 20th January 2023 and further rectified on 2nd October 2023 pursuant to Rule 43(1) of the Probate and Administration Rules.
2. The Executrix of the will and sole beneficiary of the estate Jeanine Therese Brooks is now back into court seeking for rectification of the grant of probate as confirmed and rectified twice to include an asset Motor Vehicle Registration No. KCT 552T Nissan X-Trail whose logbook was misplaced and that the Applicant did not know that it was registered in the testator’s name.
3. That she thought that the registration was in the Company’s name until it was recently discovered.
4. These succession proceedings are not contested.
5. In the premises, I hereby allow the summons for rectification of grant dated 22nd August 2024 and order that the Motor Vehicle Registration No. KCT 552T Nissan X-Trail shall be included in the assets of the estate of the deceased John Norman Brooks and the same shall be distributed to the Petitioner Jeanine Therese Brooks the sole beneficiary of the estate.
6. A further rectified certificate of confirmed grant to issue forthwith.
7. I so order and direct the Petitioner to comply with the provisions of Section 83 of the Law of Succession Act within six (6) months of todate without fail by filing into court a true and accurate accounts of the fully distributed estate of the deceased John Norman Brooks.
8. This file is now closed subject to compliance with Section 83 of the Law of Succession Act.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE