[2016] KEHC 665 (KLR)
The court found that the applicants had provided sufficient proof that Plot No. Mavoko Town Block 3/3409 belonged to the deceased and was inadvertently omitted from the original confirmed grant. There was consensus among the administrators regarding the inclusion and distribution of the property to Rose Mbithe...
Source-derived case information.
- Citation
- [2016] KEHC 665 (KLR)
- Parties
- Applicant: Daniel Kyalo Nzuki; Applicant: Harrison Kimeu Nzuki; Respondent: Rose Mbithe Nzuki
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Administration of Estates, Distribution of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kyalo Nzuki
Applicant
Harrison Kimeu Nzuki
Applicant
Rose Mbithe Nzuki
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to include Plot No. Mavoko Town Block 3/3409 as part of the deceased's estate.
- 2 Whether a new certificate of confirmed grant should be issued to include the omitted property in the name of Rose Mbithe Nzuki.
- 3 Whether costs of the application should be paid out of the estate.
Ratio Decidendi
The court found that the applicants had provided sufficient proof that Plot No. Mavoko Town Block 3/3409 belonged to the deceased and was inadvertently omitted from the original confirmed grant. There was consensus among the administrators regarding the inclusion and distribution of the property to Rose Mbithe Nzuki, and no objection was raised by any party. The court held that it was fair and just to rectify the grant to include the omitted property and to issue a new certificate of confirmed grant reflecting this addition. The costs of the application were ordered to be paid out of the estate.
Court Disposition
application allowed
Orders
- The confirmed grant of letters of administration (intestate) issued to Daniel Kyalo Nzuki and Harrison Kimeu Nzuki on 23rd June 2008 is rectified to include Plot No. Mavoko Town Block 3/3409.
- A new certificate of confirmed grant shall be issued including Plot No. Mavoko Town Block 3/3409 to be registered in the name of Rose Mbithe Nzuki.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 4 OF 2006
IN THE MATTER OF THE ESTATE OF JONATHAN NZUKI MBUI – (DECEASED)
DANIEL KYALO NZUKI.................1ST ADMINISTRATOR/APPLICANT
HARRISON KIMEU NZUKI..........2ND ADMINISTRATOR/APPLICANT
RULING OF THE COURT
1. The Summons for Rectification of Grant before the court is dated and filed herein on 11th April, 2016. The Summons seeks the following orders;
a. That the Confirmed Grant of Letters of Administration (intestate) issued to the said Daniel Kyalo Nzuki and Harrison Kimeu Nzuki in this matter on the 23rd day of June, 2008 be rectified to include Plot No. Mavoko Town Block 3/3409 inadvertently omitted from the list of assets of the deceased.
b. That a new certificate of Confirmed grant be issued including Plot No. Mavoko Town Block 3/3409 to be registered in the name of Rose Mbithe Nzuki herein.
c. That costs of this application be paid out of the estate
2. The application is supported by affidavit of Daniel Kyalo Nzuki and Harrison Kimeu Nzuki who are the joint administrators of the estate. Their case is that soon after the Confirmation of Grant herein, they discovered that the deceased owned parcel of land no. Mavoko Town Block 3/3409 and the same was not included as part of the deceased’s properties in the Confirmed Grant. Their case is that it is only fair and just that the said property be included in the description of the properties in the grant herein for the benefit of the beneficiaries.
3. I have considered the application. There is proof by title that the said plot Mavoko Town Block 3/3409 is indeed owned by the deceased, and it was not part of the original list of the property belonging to the estate. It is also agreed among the Administrators that the said property be given to Rose Mbithe Nzuki, the second wife of the deceased. There is no objection to the application and/or the mode of distribution of that property.
4. I allow the application and make the following orders;
a. That the Confirmed Grant of Letters of Administration (intestate) issued to the said Daniel Kyalo Nzuki and Harrison Kimeu Nzuki in this matter on the 23rd day of June, 2008 be and is hereby rectified to include Plot No. Mavoko Town Block 3/3409which was inadvertently omitted from the list of assets of the deceased.
b. That a new certificate of Confirmed grant be issued including Plot No. Mavoko Town Block 3/3409 to be registered in the name of Rose Mbithe Nzuki herein.
c. That costs of this application be paid out of the estate
Orders accordingly.
DATED AND DELIVERED AT MACHAKOS THIS15THDAY OF NOVEMBER, 2016.
E. OGOLA
JUDGE
In the presence of;
No appearance for the parties
Court Assistant – Mr. Munyao