[2023] KEHC 676 (KLR)
The court found that all beneficiaries to whom the only estate asset was distributed agreed to the rectification of the confirmed grant as sought in the application. There was no opposition to the application, and the legal requirements for rectification under the Law of Succession Act and the Probate &...
Source-derived case information.
- Citation
- [2023] KEHC 676 (KLR)
- Parties
- Applicant: David Muasya Malonza; Respondent: John Mutua; Respondent: Pius Muli
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Confirmed Grant
- Outcome
- application for rectification of confirmed grant allowed
- Judges
- GMA Dulu
- Legal Topics
- Succession, Rectification of Grant, Letters of Administration, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muasya Malonza
Applicant
John Mutua
Respondent
Pius Muli
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the court should allow rectification of the confirmed grant to replace a deceased administrator and revise the distribution of the estate asset.
Ratio Decidendi
The court found that all beneficiaries to whom the only estate asset was distributed agreed to the rectification of the confirmed grant as sought in the application. There was no opposition to the application, and the legal requirements for rectification under the Law of Succession Act and the Probate & Administration Rules were satisfied. The court exercised its discretion to allow the rectification, ordering that a rectified certificate of confirmed grant be issued accordingly.
Court Disposition
application for rectification of confirmed grant allowed
Orders
- Rectification prayers sought in the application are granted.
- A rectified certificate of confirmed grant to be issued accordingly.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Martha Ndunge Kitolo (Decaesed) (Succession Cause 20 of 2018) [2023] KEHC 676 (KLR) (1 February 2023) (Ruling)
Neutral citation: [2023] KEHC 676 (KLR)
Republic of Kenya
In the High Court at Makueni
Succession Cause 20 of 2018
GMA Dulu, J
February 1, 2023
In the matter of
David Muasya Malonza
Applicant
Ruling
1. Before me is an application by way of Chamber Summons dated October 27, 2022 filed by the petitioner through counsel Judah Kioko & company for rectification of confirmed grant of letters of administration.
2. The application was brought under section 47, and 71(4) of the Law of Succession Act (cap.160), and Rule 43(1) and Rule 73 of the Probate & Administration Rulesand seeks the replacement of a deceased administrator and revision of the distribution among beneficiaries of the only land asset.
3. The application was filed with a supporting affidavit sworn on October 27, 2022 by David Muasya Malonza in support of the prayers sought.
4. On the hearing date, John Mutua, Pius Muli and David Muasya Malonza attended court. These are the only persons to whom the only asset, land parcel Kibauni/Malunda/185 was distributed but in different portions to those proposed herein. They agreed to the request for rectification made in the application.
5. In those circumstances, I allow the application, and grant the rectification prayers sought.
6. I order that a rectified certificate of confirmed grant be issued accordingly.
DELIVERED, SIGNED & DATED THIS 1ST DAY OF FEBRUARY, 2023, IN OPEN COURT AT MAKUENI.………………………………….GEORGE DULUJUDGE