[2018] KEHC 8132 (KLR)
The court found that the omission of the 1/14 share of plot L.R 36/250/1 (Eastleigh) from the schedule of assets in the confirmed grant was inadvertent and supported by documentary evidence. The applicant provided a certificate of postal search confirming the deceased's ownership interest in the property. There was...
Source-derived case information.
- Citation
- [2018] KEHC 8132 (KLR)
- Parties
- Applicant: Thomas Kiama Ndungu; Respondent: Robert Wachira Ndungu; Respondent: Alexander Ndumia Ndungu; Respondent: Samuel Gathii Karicho
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 397 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- NA Matheka
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Omitted Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Kiama Ndungu
Applicant
Robert Wachira Ndungu
Respondent
Alexander Ndumia Ndungu
Respondent
Samuel Gathii Karicho
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration 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 omission of the 1/14 share of plot L.R 36/250/1 (Eastleigh) from the schedule of assets in the confirmed grant was inadvertent and supported by documentary evidence. The applicant provided a certificate of postal search confirming the deceased's ownership interest in the property. There was no objection from the other beneficiaries. The court held that it was proper to rectify the grant to include the omitted property and ordered that it be shared equally among the beneficiaries, in line with the principles of fair distribution under the Law of Succession Act.
Court Disposition
application for rectification of grant allowed
Orders
- The property 1/14 share of plot L.R 36/250/1 (Eastleigh) is to be included in the list of assets of the deceased.
- The grant issued on 12th June 2014 is rectified to include the property.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO.397 OF 2013
IN THE MATTER OF THE ESTATE OF LATE CHARLES NDUNGU KIAMA (DECEASED)
R U L I N G
Charles Ndungu Kiama died on 21st January 2007. He was survived by Thomas Kiama Ndungu, Robert Wachira Ndungu, Alexander Ndumia Ndungu, Samuel Gathii Karicho. He left properties GAKAWA/GITHIORO BLOCK (BURGURET)/185andCHINGA/GATHERA/513.
The certificate of confirmation of grant was issued on 12th June 2014 with the 1st property GAKAWA/GITHIORO BLOCK (BURGURET)/185going wholly to Thomas Kiama Ndungu , and CHINGA/GATHERA/513being shared equally 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 Thomas Kiama Ndungu sworn on 3rd August 2017. He 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 CHARLES NDUNG’U KIAMA.
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 12th of June 2007 be rectified to include the 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