[2024] KEHC 1461 (KLR)
The court found that substitution of the deceased administrator was necessary to facilitate the completion of the estate’s distribution. The court held that rectification of the Certificate of Confirmation of Grant was warranted to ensure that the balance of LR No. Kiirua/ruiri/302, after road access is removed, is...
Source-derived case information.
- Citation
- [2024] KEHC 1461 (KLR)
- Parties
- Applicant: Francis Munyua Mikwa; Respondent: Zachariah Kamathi M’Itwamikwa Bagiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 195 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution and Rectification of Grant
- Outcome
- application allowed in part
- Judges
- TW Cherere
- Legal Topics
- Administration of Estates, Rectification of Grant, Substitution of Administrator, Land Partition and Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Munyua Mikwa
Applicant
Zachariah Kamathi M’Itwamikwa Bagiri
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution and Rectification of Grant
Legal Issues
- 1 Whether the applicant should be substituted as administrator in place of the deceased administrator.
- 2 Whether the Certificate of Confirmation of Grant should be rectified to reflect the correct beneficiaries and distribution of the estate.
- 3 Whether the share for Julia Nyaru M’twamikwa can be transferred to Paul Mwongera Munyua within this cause.
Ratio Decidendi
The court found that substitution of the deceased administrator was necessary to facilitate the completion of the estate’s distribution. The court held that rectification of the Certificate of Confirmation of Grant was warranted to ensure that the balance of LR No. Kiirua/ruiri/302, after road access is removed, is allocated to the estate of Julia Nyaru M’twamikwa. However, the court declined to order the transfer of Julia’s share directly to Paul Mwongera Munyua, holding that such a transfer must be determined in a separate succession cause relating to Julia’s estate. The court directed the Land Registrar to transfer LR No. Kiirua/ruiri/4645 to the estate of Julia Nyaru M’twamikwa and...
Court Disposition
application allowed in part
Orders
- Francis Munyua Mikwa is substituted as administrator in place of the deceased Zachariah Kamathi M’Itwamikwa.
- Certificate of Confirmation of Grant dated 15th July, 2009 shall be rectified to reflect that the balance of LR No. Kiirua/ruiri/302 after road access is removed is for the benefit of the estate of Julia Nyaru M’twamikwa.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of M'Itwamikwa Bagiri (Deceased) (Succession Cause 195 of 1993) [2024] KEHC 1461 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1461 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 195 of 1993
TW Cherere, J
February 15, 2024
IN THE MATTER OF THE ESTATE OF M’ITWAMIKWA BAGIRI (DECEASED) ZACHARIAH KAMATHI M’ITWAMIKWA BAGIRI..........................ADMINISTRATOR AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION BY FRANCIS MUNYUA MIKWA.......................................................................APPLICANT
Ruling
1. By Certificate of Confirmation of Grant dated 15th July, 2009, the Deceased’s estate was distributed as follows:LR No. Kiirua/ruiri/3021. Francis Munyua Mikwa - 3. 50 Acres2. Janet Kathure M’Rutere & her children Justus Mutuma Rutere & Lawrence Kinoti Ruteere - 3. 50 Acres3. Joseph Kireria - 3. 50 Acres4. Zachariah Kamathi M’Ituamikwa - 3. 50 Acres5. Julia Nyaru M’twamikwa - Balance after road access is removed
2. The green card for LR No. Kiirua/ruiri/302 filed with the court reveals that after the confirmation of the grant, Zachariah Kamathi M’Ituamikwa (Administrator) caused the asset to be partitioned into LR No. Kiirua/ruiri/4642 – 4646.
3. The search certificates file with the court disclose that the subdivisions were registered as follows;1. LR No. Kiirua/ruiri/4642 to Joseph Kireria2. LR No. Kiirua/ruiri/4643 to Francis Munyua Mikwa3. LR No. Kiirua/ruiri/4644 to Zachariah Kamathi M’Ituamikwa4. LR No. Kiirua/ruiri/4645 to Zachariah Kamathi M’Ituamikwa
5. LR No. Kiirua/ruiri/4646 Janet Kathure M’Rutere, Justus Mutuma Rutere & Lawrence Kinoti Ruteere
4. The search certificate for LR No. Kiirua/ruiri/4644 discloses that to Zachariah Kamathi M’Ituamikwa (Administrator) caused the asset to be partitioned into 4 portions namely LRNo. Kiirua/ruiri/5052 -5055.
5. All the search certificates filed availed to the cur reveal that no asset was transferred to Julia Nyaru M’twamikwa.
Summons 6. Now that Zachariah Kamathi M’Ituamikwa (Administrator) is deceased, Francis Munyua Mikwa by summons 11th January, 2024 prays that he be substituted with the deceased Administrator so that he can transfer LR No. Kiirua/ruiri/4645 to one Paul Mwongera Munyua who is a nephew of Julia Nyaru M’twamikwa now deceased.
Analysis and Determination 7. I have considered the summons and I find that the substitution of the deceased administrator is necessary so that the distribution of deceased’s estate can be completed.
8. However, the prayer that the share for Julia Nyaru M’Twamikwa ought to be transferred to Paul Mwongera Munyua is declined for this cause does not related to the estate of Julia Nyaru M’twamikwa whose issues ought to be determined in a separate cause.
9. In the end, the summons dated 11th January, 2024 is allowed in the following terms:1. Zachariah Kamathi M’Ituamikwa (Administrator) is deceased is substituted with Francis Munyua Mikwa2. Certificate of Confirmation of Grant dated 15th July, 2009 shall be rectified to the effect that the balance of LR No. Kiirua/ruiri/302 after road access is removed shall be for the benefit of the estate of Julia Nyaru M’twamikwa3. The land Registrar Meru is directed to transfer LR No. Kiirua/ruiri/4645 to the estate of Julia Nyaru M’twamikwa4. The Letters of Administration and Rectified Certificate of Confirmation of Grant shall issue accordingly5. Mention on 29th April. 2024 to confirm transmission
DATED AT MERU THIS 15TH DAY OF FEBRUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Kiruai for Kiruai Mukono & Co. Adviocates