[2024] KEHC 1431 (KLR)
The court found that the omission of certain beneficiaries and property from the schedule of the deceased’s estate justified the rectification of the grant. Although Section 74 of the Law of Succession Act limits rectification to errors in names and descriptions, Section 47 and Rule 73 confer inherent powers on the...
Source-derived case information.
- Citation
- [2024] KEHC 1431 (KLR)
- Parties
- Applicant: Charity Gacheke M’Mukaria; Respondent: Lucy Ciomithea; Respondent: Margaret Ncionciru Kabiro; Respondent: Thirindi M’Kothaa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 658 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification allowed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Distribution of Estate, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charity Gacheke M’Mukaria
Applicant
Lucy Ciomithea
Respondent
Margaret Ncionciru Kabiro
Respondent
Thirindi M’Kothaa
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the omission of beneficiaries' names and property from the schedule of the deceased's estate warrants rectification of the grant.
- 2 Whether the court can invoke its inherent powers to ensure equitable distribution of the estate.
Ratio Decidendi
The court found that the omission of certain beneficiaries and property from the schedule of the deceased’s estate justified the rectification of the grant. Although Section 74 of the Law of Succession Act limits rectification to errors in names and descriptions, Section 47 and Rule 73 confer inherent powers on the court to make orders necessary for justice. The court invoked these powers to ensure equitable distribution of the estate to all beneficiaries, allowing the application for rectification and ordering the inclusion of the omitted property and beneficiaries in the rectified grant.
Court Disposition
summons for rectification allowed
Orders
- The Certificate of Confirmation of Grant issued on 17th July, 2019 shall be rectified to include LR. No. Upper Athiru Gaiti A/1132 and the omitted beneficiaries.
- Plot no. 767(4292) Achulu Area shall be distributed to Charity Gacheke M’Mukaria.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Joses Murungi M’mukaria (Deceased) (Succession Cause 658 of 2015) [2024] KEHC 1431 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1431 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 658 of 2015
TW Cherere, J
February 15, 2024
IN THE MATTER OF THE ESTATE OF JOSES MURUNGI M’MUKARIA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION
In the matter of
Charity Gacheke M’mukaria
Administrator
Ruling
1. I have considered the summons for rectification dated 05th February, 2024 supported by an affidavit sworn by Charity Gacheke M’Mukaria (Administrator/Applicant) purportedly on 24th February, 2024, which date is yet to be reached.
2. The summons is based on two main grounds as follows:1. Administrator/Applicant omitted the names of her sisters Margaret Ncionciru Kabiro and Thirindi M’Kothaa who are beneficiaries of the estate2. LR. No. Upper Athiru Gaiti A/1132 was omitted from the schedule of deceased’s estate
3. Administrator/Applicant prays that the grant issued on 17th July, 2019 be rectified and LR. No. Upper Athiru Gaiti A/1132 be distributed in equal shares to her and her sisters.
4. At the hearing of the summons, one Lucy Ciomithea whose name does not appear on the summons appeared and stated that she was deceased’s sister also entitled to his estate and her claim was confirmed by the Administrator/Applicant.
5. Although Section 74 of the Law of Succession Act provides for rectification of grants in respect of errors in names and descriptions, or in setting forth the time and place of the deceased’s death, section 47 of the Act gives this court inherent powers under Rule 73 of the Probate and Administration Rules to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
6. I find that this is one case where the inherent powers of the court can safely be invoked to ensure equitable distribution of deceased’s estate to all his beneficiaries.
7. Consequently, summons for rectification dated 05th February, 2024 is allowed in the following terms:1. The Certificate of Confirmation of Grant issued on 17th July, 2019 shall be rectified as follows:i.Plot no. 767(4292) Achulu Area shall be distributed to Charity Gacheke M’Mukariaii.LR. No. Upper Athiru Gaiti A/1132 shall be distributed in equal shares to Charity Gacheke M’Mukaria Lucy Ciomithea, Margaret Ncionciru Kabiro and Thirindi M’Kothaa2. The Rectified Certificate of Confirmation of Grant shall issue accordingly3. Mention on 29th April. 2024 to confirm transmission
DATED AT MERU THIS 15TH DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Omari for Kaberia Arimba & Co Advocates