[2023] KEHC 26690 (KLR)
The court found that LR Nanyuki/Nturukuma/643 does not belong to the deceased and was erroneously included in the earlier Certificate of Confirmation of Grant. The rectified certificate accurately reflects the assets available for distribution as per the parties' consent. The respondent's refusal to sign the...
Source-derived case information.
- Citation
- [2023] KEHC 26690 (KLR)
- Parties
- Petitioner: Joseph Nkonge Matiri; Protestor: Johnson Kaburu Matiri; Applicant: Wilson Ndumbi Matiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 258 of 2006
- Procedural Posture
- Succession Cause / Ruling on Execution of Transmission Documents After Rectification of Certificate of Confirmation of Grant
- Outcome
- Application allowed. Deputy Registrar empowered to execute transmission documents in place of respondent.
- Judges
- TW Cherere
- Legal Topics
- Succession, Grant Revocation, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nkonge Matiri
Petitioner
Johnson Kaburu Matiri
Protestor
Wilson Ndumbi Matiri
Applicant
Procedural Posture
Succession Cause / Ruling on Execution of Transmission Documents After Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the omission of LR Nanyuki/Nturukuma/643 from the rectified Certificate of Confirmation of Grant invalidates the distribution of the estate.
- 2 Whether the respondent's refusal to sign transmission documents is justified.
- 3 Whether the court should empower the Deputy Registrar to execute transmission documents in place of the respondent.
Ratio Decidendi
The court found that LR Nanyuki/Nturukuma/643 does not belong to the deceased and was erroneously included in the earlier Certificate of Confirmation of Grant. The rectified certificate accurately reflects the assets available for distribution as per the parties' consent. The respondent's refusal to sign the transmission documents is therefore unwarranted and unjustified. To prevent further delay and ensure the beneficiaries receive their entitlements, the court exercised its discretion to empower the Deputy Registrar to execute all relevant documents in respect of LR Abothuguchi/Githongo/685 and LR Nanyuki/Nturukuma/2731 in place of the respondent.
Court Disposition
Application allowed. Deputy Registrar empowered to execute transmission documents in place of respondent.
Orders
- The Deputy Registrar of the High Court at Meru is empowered to execute all relevant documents in respect of LR Abothuguchi/Githongo/685 and LR Nanyuki/Nturukuma/2731 in place of Johnson Kaburu Matiri.
- The respondent's refusal to sign the transmission documents is declared unwarranted.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Matiri Mwitia (Deceased) (Succession Cause 258 of 2006) [2023] KEHC 26690 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26690 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 258 of 2006
TW Cherere, J
December 14, 2023
Between
Joseph Nkonge Matiri
Petitioner
and
Johnson Kaburu Matiri
Protestor
Ruling
Background 1. By a ruling dated 07th March, 2019, Ongijo J revoked the grant of letters of Administration made to Joseph Nkonge Matiri (Petitioner) on 28. 2.2007 and the Petitioner and Johnson Kaburu Matiri (Protestor) were appointed as joint Administrators.
2. Subsequently, Joseph Nkonge Matiri died and by consent dated 07th November, 2022, Wilson Ndumbi Matiri and Johnson Kaburu Matiri were appointed as joint administrators.
3. Consequently, on 13th December, 2022, the parties agreed that LR Abothuguchi/Githongo/685 be shared equally among the beneficiaries of the deceased and LR Nanyuki/Nturukuma/2731 be registered in the name of Wilson Ndumbi Matiri and Johnson Kaburu Matiri to sell and distribute the proceeds equally to the beneficiaries. A Certificate of Confirmation of Grant was issued on 18th January, 2023 but I note that it had an error as it included LR Nanyuki/Nturukuma/643 as having been distributed to Wilson Ndubi whereas there is no documentary evidence that the same forms part of deceased’s estate.
4. The correct Certificate of Confirmation of Grant reflecting the consent of the parties of 13th December, 2022 was issued on 15th February, 2023 with orders that that LR Abothuguchi/Githongo/685 be shared equally among the beneficiaries of the deceased and LR Nanyuki/Nturukuma/2731 be registered in the name of Wilson Ndumbi Matiri and Johnson Kaburu Matiri to sell and distribute the proceeds equally to the beneficiaries.
5. Respondent has declined to sign transmission documents on the ground that the Certificate of Confirmation of Grant rectified on 03rd July, 2023 omitted LR Nanyuki/Nturukuma/643 that had been distributed to Wilson Ndumbi Matiri.
6. A certificate of search for LR Nanyuki/Nturukuma/643 demonstrates that the asset does not belong to the deceased and is and was not therefore available for distribution.
7. Consequently, the Respondent’s excuse for his failure to sign the transmission documents unwarranted.
8. From the foregoing, this Honourable Court hereby empowers the Deputy Registrar of this court to execute all relevant documents in respect of LR Abothuguchi/Githongo/685 and LR Nanyuki/Nturukuma/2731 in place of the Johnson Kaburu Matiri.
DATED AT MERU THIS 14TH DAY OF DECEMBER 2023. WAMAE. T. W. CHEREREJUDGE