[2023] KEHC 22465 (KLR)
The court found that the application for rectification of the confirmed grant was merited, as all beneficiaries consented to the proposed changes and the rectification was necessary to reflect the actual ground sizes of the land parcel in question, which had been reduced by the construction of tarmac roads. The...
Source-derived case information.
- Citation
- [2023] KEHC 22465 (KLR)
- Parties
- Applicant: Jacob Nkumbuku M’mugaine; Respondent: Beneficiaries of the estate of M’mugaine M’ndubai (including estate of Julius Mutembei Mugaine)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 390 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- EM Muriithi
- Legal Topics
- Rectification of Grant, Distribution of Estate, Consent of Beneficiaries, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Nkumbuku M’mugaine
Applicant
Beneficiaries of the estate of M’mugaine M’ndubai (including estate of Julius Mutembei Mugaine)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be rectified to reflect the actual ground sizes of land parcel No Nyaki/Giaki/93 due to reduction by tarmac roads.
- 2 Whether the share of the deceased beneficiary Julius Mutembei Mugaine should be registered in the name of his estate pending succession proceedings.
Ratio Decidendi
The court found that the application for rectification of the confirmed grant was merited, as all beneficiaries consented to the proposed changes and the rectification was necessary to reflect the actual ground sizes of the land parcel in question, which had been reduced by the construction of tarmac roads. The court further held that the share of the deceased beneficiary, Julius Mutembei Mugaine, should be registered in the name of his estate and remain so allocated until succession proceedings are undertaken in respect of his estate. The rectification was thus ordered in accordance with the supporting affidavit and the beneficiaries' consent, ensuring that the distribution of the estate...
Court Disposition
Application for rectification of grant allowed.
Orders
- The confirmed grant is rectified to reflect the distribution of the estate as per the ground sizes and the supporting affidavit of Jacob Nkumbuku M’Mugaine.
- The share of 3.37 acres in LR No Nyaki/Giaki/93 allocated to Julius Mutembei Mugaine (deceased) shall be registered in the name of his estate pending succession proceedings.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of M’mugaine M'ndubai (Deceased) (Succession Cause 390 of 2010) [2023] KEHC 22465 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22465 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 390 of 2010
EM Muriithi, J
September 21, 2023
N THE MTTERMOF THE ESTATE OF THE LATE M’MUGAINE M’NDUBAI (DECEASED)
In the matter of
Jacob Nkumbuku M’mugaine
Petitioner
Ruling
1. The court confirmed the grant of letters of administration intestate on November 2, 2011 for the distribution of the estate as shown in the schedule thereto among the beneficiaries of the deceased.
2. By an application by summons for rectification dated May 18, 2022, the beneficiaries through Jacob Nkumbuku M’Muganine seeking rectification on the distribution of the land parcel No Nyaki/Giaki/93 to give effect to the distribution according to the ground sizes in view of “an error in distribution of the land parcel No Nyaki/ Giaki/93 which we noticed when the surveyor visited the ground who advised us that the distribution of the land parcel should be as per the ground and map since the land measurement got reduced by the two tarmac roads whereby the land is between two tarmac roads.”
3. All the beneficiaries were in agreement as indicated on the consent signed and filed as well as by intimation to court when the matter came up for hearing as recorded, signed by the beneficiaries and countersigned by the court on December 13, 2022 and June 20, 2023.
4. The estate of the deceased beneficiary Julius Mutembei Mugaine have not to the knowledge of the court taken out letters of the administration to the estate of that deceased. In the rectified confirmed grant granted herein, the share of Julius Mutembei Mugaine shall be distributed to his estate for distribution in accordance with the succession of the said Julius Mutembei Mugaine when grant is issued in his estate.
Order 5. Upon hearing the applicants and noting the concurrence of all the beneficiaries to the rectification of grant as proposed in the application dated May 18, 2023, the court makes an order for the rectification of the grant herein confirmed on for the distribution of the estate of the deceased in accordance with paragraph 3 of supporting affidavit of Jacob Nkumbuku M’Mugaine in the summons for the rectification of grant dated May 18, 2022 save that the share of 3. 37 acres in LR No Nyaki/ Giaki/93 distributed to Julius Mutmbei Mugaine (deceased) shall be registered in the name of the estate of said deceased and remain so allocated for the distribution in accordance with succession proceedings and order of the court in a succession cause filed or to be filed in the matter of the estate of Julius Mutembei Mugaine (deceased).
6. There shall be no order as to costs.Order accordingly.
DATED AND DELIVERED ON THIS 21STDAY OF SEPTEMBER, 2023. EDWARD M. MURIITHIJUDGEAppearances:Parties in Person.2MERU HC SUCC. CAUSE NO. 390 OF 2010