[2023] KEHC 2948 (KLR)
The court held that rectification of the certificate of confirmation of grant was warranted to correct the erroneous land parcel number and the misspelling of a beneficiary's name. However, the court declined to redistribute the shares of the deceased beneficiaries, Jennifer Karimi and Maritha Karoki M’Rukaria,...
Source-derived case information.
- Citation
- [2023] KEHC 2948 (KLR)
- Parties
- Petitioner: Solomon Kirimi Kirigia; Applicant: Ferdinard Gatobu Mbui; Applicant: Patrick Muriungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 113 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed in part.
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Distribution of Estate, Probate Court Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Solomon Kirimi Kirigia
Petitioner
Ferdinard Gatobu Mbui
Applicant
Patrick Muriungi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the rectified certificate of confirmation of grant should be amended to correct the land parcel number and beneficiary name.
- 2 Whether the shares of deceased beneficiaries should be redistributed or retained in their estates.
Ratio Decidendi
The court held that rectification of the certificate of confirmation of grant was warranted to correct the erroneous land parcel number and the misspelling of a beneficiary's name. However, the court declined to redistribute the shares of the deceased beneficiaries, Jennifer Karimi and Maritha Karoki M’Rukaria, instead directing that their shares remain in their respective estates. The court emphasized its duty to ensure that the estate is distributed to the rightful beneficiaries and that rectification is limited to correcting errors, not altering substantive entitlements unless justified by law.
Court Disposition
Application for rectification of grant allowed in part.
Orders
- Rectified Certificate of Confirmation of Grant dated December 18, 2018 shall be further rectified by replacing land parcel LR. No. Nkuene/Nkumari/542 with parcel number LR. No. Nkuene/Nkumari/642.
- The name of Gladys Nduru shall be rectified to read Gradis Nduru.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Mbui Mutunyi alias M’mbui Mutunyi (Deceased) (Succession Cause 113 of 2004) [2023] KEHC 2948 (KLR) (30 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2948 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 113 of 2004
TW Cherere, J
March 30, 2023
IN THE MATTER OF THE ESTATE OF MBUI MUTUNYI alias M’MBUI MUTUNYI (DECEASED)
In the matter of
Solomon Kirimi Kirigia
Petitioner
and
Ferdinard Gatobu Mbui
1st Applicant
Patrick Muriungi
2nd Applicant
Ruling
1. By rectified certificate of confirmation of grant dated December 18, 2018, deceased’s estate was distributed as follows: -A)LR. No. Nkuene/U-Mikumbune/351a)Beatrice Tirindi Mbwiria - 0. 68 hab)Ferdinand Gatobu Mbui - 0. 95 hac)Geoffrey Riungu Mbui - 0. 68 had)Solomon Kirimi - 0. 68 haB)LR. No. Nkuene/Nkumari/642 jointly in undivided shares.toa)Jennifer Karimib)Gladys Nduruc)Salome Tirindid)Maritha Karoki M’Rukariae)Patrick Muriungif)Nannis Kanyari
2. By summons dated November 27, 2020 supported by an affidavit sworn by Patrick Muriungi on November 27, 2020 seek the following orders:1. Rectified Certificate of Confirmation of Grant dated December 18, 2018 be rectified by replacing land parcel LR. No. Nkuene/Nkumari/542 with the correct parcel number LR. No. Nkuene/Nkumari/6422. The name of Gladys Nduru be rectified to read Gradis Nduru
3. That LR. No. Nkuene/Nkumari/542 be distributed to Gradis Nduru, Patrick Muriungi and Nanis Kanyari jointly in undivided shares since Jennifer Karimi and Maritha Karoki M’Rukaria are deceased
Analysis and determination 4. I have considered the application in the light of the affidavits on record and annexures thereto.
5. The primary duty of the Probate Court is to distribute the estate of the deceased to the rightful beneficiaries. This matter relates to the estate of Estate of Mbui Mutunyi Alias M’Mbui Mutunyi (Deceased) and an attempt to have the shares for Jennifer Karimi and Maritha Karoki M’Rukaria who are deceased beneficiaries of the estate is declined.
6. Consequently, this court makes the following orders:1. Rectified Certificate of Confirmation of Grant dated 1December 8, 2018 shall further be rectified by replacing land parcel LR. No. Nkuene/Nkumari/542 with parcel number LR. No. Nkuene/Nkumari/6422. The name of Gladys Nduru shall be rectified to read Gradis Nduru3. LR. No. Nkuene/Nkumari/642 shall be distributed jointly in undivided shares as follows:a)The estate of Jennifer Karimib)Gradis Nduruc)Salome Tirindid)The estate of Maritha Karoki M’Rukariae)Patrick Muriungif)Nannis Kanyari
Dated at Meru this 30th Day of March 2023WAMAE.T. W. CHERERE____JUDGEAppearancesCourt Assistant - Morris KinotiFor Applicant - Mr. Ringera for Gatari Ringera & Co. AdvocatesFor Petitioner - N/APage 3 of 3