[2018] KEHC 8080 (KLR)
The court found that the applicant had demonstrated, through documentary evidence (Certificate of Postal Search), that the deceased owned a 1/14 share in Plot L.R 36/250/1 (Eastleigh), which was inadvertently omitted from the schedule of assets in the original petition and confirmed grant. The omission was not...
Source-derived case information.
- Citation
- [2018] KEHC 8080 (KLR)
- Parties
- Applicant: Cecilia Wairimu Kimondo; Respondent: George Kimani Kimondo; Respondent: David Karanja Kimondo; Respondent: Paul Waithaka Kimondo; Respondent: Simon Gichuki Kimondo
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 434 of 2002
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- NA Matheka
- Legal Topics
- Rectification of Grant, Distribution of Estate, Omitted Assets, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Wairimu Kimondo
Applicant
George Kimani Kimondo
Respondent
David Karanja Kimondo
Respondent
Paul Waithaka Kimondo
Respondent
Simon Gichuki Kimondo
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include the omitted property 1/14 share of Plot L.R 36/250/1 (Eastleigh).
- 2 Whether the newly discovered property should be distributed equally among the beneficiaries.
Ratio Decidendi
The court found that the applicant had demonstrated, through documentary evidence (Certificate of Postal Search), that the deceased owned a 1/14 share in Plot L.R 36/250/1 (Eastleigh), which was inadvertently omitted from the schedule of assets in the original petition and confirmed grant. The omission was not deliberate and was only discovered after the grant had been confirmed. The court held that rectification of the grant was warranted to ensure all assets of the deceased are properly administered and distributed. The court further determined that the omitted property should be shared equally among the beneficiaries, consistent with the distribution of the rest of the estate. The...
Court Disposition
application for rectification of grant allowed
Orders
- The property 1/14 share of Plot L.R 36/250/1 (Eastleigh) is included in the list of assets of the deceased.
- The grant issued on 28th September 2007 is rectified to include the said property.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 434 OF 2002
IN THE MATTER OF THE ESTATE OF LATE AMOS KIMONDO TUTUMA (DECEASED)
R U L I N G
AMOS KINONDO TUTUMA died on 23rd July 2002. He was survived by Cecilia Wairimu Kimondo, George Kimani Kimondo, David Karanja Kimondo, Paul Waithaka Kimondo, and Simon Gichuki Kimondo. He left properties L.R CHINGA /GATHERA/ S.92. CHINGA /GATHERA.W59, LR NO 23402/1 in NAIROBI, PLOT 3/145 SOWETO SCHEME, SHARE IN NYERI /MUN BK III/9
The certificate of confirmation of grant was issued on 28th September 2007 and the estate was distributed among the beneficiaries.
Apparently by then the beneficiaries were not aware of another property 1/14 share of plot NO.250 OF SECTION 1 NAIROBI EAST TOWNSHIP (EASTLEIGH), hence the summons for rectification of the grant dated 3rd August 2017, the seeking the rectification of the grant issued on 12th June 2014 to include the above property, on the ground that the schedule of assets in the petition for letters of administration intestate and the confirmed grant inadvertently omitted the deceased’s property 1/14 SHARE OF PLOT NO. 250 OF SECTION NO.1 NAIROBI EAST TOWNSHIP (EASTLEIGH). He has also deponed that the property be shared equally among the beneficiaries.
I have carefully considered the summons for rectification of grant, and the supporting affidavit of Cecilia Wairimu Kimondosworn on 3rd August 2017. she has annexed a Certificate of Postal Search dated 30th May 2017 which confirms L.R 36/250/1 is registered in the names of 14 persons as tenants in common, including AMOS KIMONDO TUTUMA
The application is in order. I allow the application and order that the property 1/14 SHARE OF PLOT L.R 36/250/1 be included in the list of assets belonging to the deceased.
That the grant issued on the 28th September 2007 be rectified to include the said property. That the property be shared equally among the beneficiaries.
Costs in the cause.
Dated, delivered and signed this 23rd January 2018
Teresia M Matheka
Judge