[2024] KEHC 5565 (KLR)
The court declined to grant the applicant's request to amend and rectify the grant to include parcel Number Kibirichia/Kibirichia/2530, finding that the applicant failed to provide sufficient evidence linking the parcel to the deceased's estate and did not demonstrate completion of administration for all estate...
Source-derived case information.
- Citation
- [2024] KEHC 5565 (KLR)
- Parties
- Applicant: Willison Kinoti M’Mbui
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 365 of 2013
- Procedural Posture
- Succession Cause / Directions on Application to Amend and Rectify Grant
- Outcome
- Application for amendment and rectification of grant not granted; directions issued for further documentation and service.
- Judges
- TW Cherere
- Legal Topics
- Grant Rectification, Estate Administration, Beneficiary Rights
- 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
Willison Kinoti M’Mbui
Applicant
Procedural Posture
Succession Cause / Directions on Application to Amend and Rectify Grant
Legal Issues
- 1 Whether the grant should be amended and rectified to include parcel Number Kibirichia/Kibirichia/2530 and award it to the applicant or another beneficiary.
- 2 Whether the applicant has demonstrated completion of administration of the estate as previously ordered by the court.
- 3 Whether the application unfairly seeks to benefit only the applicant to the detriment of other beneficiaries.
Ratio Decidendi
The court declined to grant the applicant's request to amend and rectify the grant to include parcel Number Kibirichia/Kibirichia/2530, finding that the applicant failed to provide sufficient evidence linking the parcel to the deceased's estate and did not demonstrate completion of administration for all estate assets as previously ordered. The court determined that the application, as presented, would unjustly benefit the applicant to the exclusion of other beneficiaries. Accordingly, the court issued directions requiring the applicant to file additional documentation, including green cards and search certificates for all relevant assets, and to serve the application on all beneficiaries...
Court Disposition
Application for amendment and rectification of grant not granted; directions issued for further documentation and service.
Orders
- Ruling scheduled for 18th April, 2024 is stayed.
- Applicant to file green card for Kibirichia/Kibirichia/1770 and respective search certificates arising from its subdivision.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of M'Mbui Marete (Deceased) (Succession Cause 365 of 2013) [2024] KEHC 5565 (KLR) (18 April 2024) (Directions)
Neutral citation: [2024] KEHC 5565 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 365 of 2013
TW Cherere, J
April 18, 2024
IN THE MATTER OF THE ESTATE OF M’MBUI MARETE (DECEASED)
In the matter of
Willison Kinoti M’Mbui
Petitioner
Directions
1. By chamber summons dated 02nd October,2020, Willison Kinoti M’Mbui (Petitioner/Applicant) seeks orders: -a.That the court do amend and rectify the grant so as to include parcel Number Kibirichia/Kibirichia/2530 in the grant and same be awarded to Rose Kinya Gitonga or to Wilson Kinoti M’Mbui the administrator hereinb.That the court grant any other relief for the ends of justice to be met.
2. The application is supported by Petitioner/Applicant’s affidavit sworn on 18th October, 2020 and on annexures thereto.
3. From the mutation form annexed to the supporting affidavit, it has been demonstrated that KIBIRICHIA/KIBIRICHIA/1770 was partitioned into 9 portions two of which were to go to the applicant and one other to applicant and one George Marangu Mbui whereas the other 6 were to go to 6 other beneficiaries
4. Search certificates presented by the applicant reveal that 3 assets namely Kibirichia/Kibirichia/5845, 5847 and 5850 are already registered in the name of the Applicant and Kibirichia /Kibirichia/2530 whose nexus to the deceased has not been explained to the satisfaction of the court is registered in the name of one Joseph Gikunda Rimberia and Applicant seeks to have it transferred to him.
5. For reasons only known to him, Applicant has omitted to file the search certificates of the other assets to demonstrate that he has completed the administration of the estate as ordered by the court.
6. The application before the court only seeks to benefit the Applicant and the court declines the invitation to countenance such injustice to the other beneficiaries.
7. It is therefore hereby directed:1 .The ruling scheduled for 18th April, 2024 is stayed 2. Applicant is directed to file green card for Kibirichia/kibirichia/1770 and the respective search certificates that arising from subdivision thereof
3. Applicant is additionally directed to file search certificates of all the other assets on the Certificate of Confirmation of Grant dated 20th November, 2018 to confirm the progress on transmission of the assets
4. The chamber summons dated 02nd October,2020 shall be served on all the beneficiaries named on the Certificate of Confirmation of Grant dated 20th November, 2018
5 .This cause will be mentioned on 12th June, 2024 for directions
DELIVERED AT MERU THIS 18TH DAY OF APRIL 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioner/Applicant - Mrs. Kaume for M.G.Kaume & Co. Advocates