[2024] KEHC 7003 (KLR)
The court held that since Saverio Mburunga M’Mugwika died before his share of the estate could be transmitted to him, it is just and proper that the Certificate of Confirmation of Grant be further rectified to provide that his share in LR. Abothuguchi/Kiija/189 and LR. Abothuguchi/Kiija/443 shall be distributed to...
Source-derived case information.
- Citation
- [2024] KEHC 7003 (KLR)
- Parties
- Applicant: Fredrick Mwita Mugwika
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 700 of 2015
- Procedural Posture
- Succession Cause / Ruling on Rectification of Certificate of Confirmation of Grant
- Outcome
- Certificate of Confirmation of Grant further rectified to distribute deceased beneficiary's share to his estate.
- Judges
- TW Cherere
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Mwita Mugwika
Applicant
Procedural Posture
Succession Cause / Ruling on Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be further rectified following the death of a beneficiary before transmission of his share.
- 2 How the share of the deceased beneficiary, Saverio Mburunga M’Mugwika, should be distributed.
Ratio Decidendi
The court held that since Saverio Mburunga M’Mugwika died before his share of the estate could be transmitted to him, it is just and proper that the Certificate of Confirmation of Grant be further rectified to provide that his share in LR. Abothuguchi/Kiija/189 and LR. Abothuguchi/Kiija/443 shall be distributed to his estate. This ensures that the interests of the deceased beneficiary's estate are preserved and the administration of the estate proceeds in accordance with the law.
Court Disposition
Certificate of Confirmation of Grant further rectified to distribute deceased beneficiary's share to his estate.
Orders
- The Certificate of Confirmation of Grant issued on 16th July, 2018 and rectified on 22nd February, 2022 shall further be rectified to the extent that the share for Saverio Mburunga M’Mugwika in LR. Abothuguchi/Kiija/189 and LR. Abothuguchi/Kiija/443 shall be distributed to his estate.
- Further Rectified Certificate of Confirmation of Grant to issue.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of M’mugwika M’ikibutu alias Muwika Ikibutu alias Kilai Ibutu (Deceased) (Succession Cause 700 of 2015) [2024] KEHC 7003 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7003 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 700 of 2015
TW Cherere, J
June 6, 2024
In the matter of
Fredrick Mwita Mugwika
Applicant
Ruling
1. The Certificate of Confirmation of Grant in which the estate of the deceased was distributed was issued on 16th July, 2018 and was subsequently rectified on 22nd February, 2022.
2. Saverio Mburunga M’Mugwika died on 04th February, 2024 before his share of the estate could be transmitted to him.
3. It is therefore hereby ordered:1. The Certificate of Confirmation of Grant issued on 16th July, 2018 and rectified on 22nd February, 2022 shall further be rectified to the extent that the share for Saverio Mburunga M’Mugwika in LR. Abothuguchi/Kiija/189 and LR. Abothuguchi/Kiija/443 shall be distributed to his estate2. Further Rectified Certificate of Confirmation of Grant to issue
DELIVERED AT MERU THIS 06TH DAY OF JUNE 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAdministrator/Applicant -Present in person