[2024] KEHC 7330 (KLR)
The court found that LR. South Tharaka/Tunyai A/856, the subject of the rectification application, no longer exists, having been subdivided into LR. South Tharaka/Tunyai A/2129, 2130, and 2131. The court further noted that the applicants had not followed the correct procedure, as they failed to first seek...
Source-derived case information.
- Citation
- [2024] KEHC 7330 (KLR)
- Parties
- Petitioner: Agnes Kanyua Moses; Applicant: Tabitha Kabuthi Moses; Applicant: Anjelina Kaithi Moses
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 143 of 1999
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Distribution of Estate, Disinheritance, Abuse of Court Process
- 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
Agnes Kanyua Moses
Petitioner
Tabitha Kabuthi Moses
Applicant
Anjelina Kaithi Moses
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court can rectify a grant to redistribute an asset that no longer exists.
- 2 Whether the applicants followed the correct procedure in seeking rectification of the grant.
- 3 Whether the applicants abused the court process by not seeking cancellation of illegally issued titles first.
Ratio Decidendi
The court found that LR. South Tharaka/Tunyai A/856, the subject of the rectification application, no longer exists, having been subdivided into LR. South Tharaka/Tunyai A/2129, 2130, and 2131. The court further noted that the applicants had not followed the correct procedure, as they failed to first seek cancellation of the illegally issued titles before applying for rectification of the grant. The court held that it would be acting in vain to attempt to redistribute a non-existent asset and that the application amounted to an abuse of the court process. Consequently, the court declined to grant the orders sought for rectification or lifting of inhibitions, directing that correction of...
Court Disposition
application dismissed
Orders
- The summons for rectification of grant is declined.
- The request to lift inhibitions on LR. South Tharaka/Tunyai A/2129, 2130, and 2131 is declined.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Moses Kitharari Iribi alias Moses Kitharari (Deceased) (Succession Cause 143 of 1999) [2024] KEHC 7330 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7330 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 143 of 1999
TW Cherere, J
June 13, 2024
Between
Agnes Kanyua Moses
Petitioner
and
Tabitha Kabuthi Moses
1st Applicant
Anjelina Kaithi Moses
2nd Applicant
Ruling
1. I have considered the summons for rectification dated 12th March, 2024 in the light of the supporting affidavit sworn by Tabitha Kabuthi Moses (1st Applicant) on even date and annexures thereto. I have also considered the deponent’s further affidavit sworn on 03rd June, 2024 and annexures thereto.
2. A green card for LR. South Tharaka/Tunyai A/856 reveals that it does not exist the same having been partitioned into three portions namely LR. South Tharaka/Tunyai A/2129, 2130 and 2131.
3. Clearly, this court will be acting in vain to redistribute an asset that does not exist.
4. I have additionally noticed that LR. South Tharaka/Tunyai A/856 was not distributed as ordered by court vide the Certificate of Confirmation dated 06th December, 2018. In fact, the record in the form of search certificates for the resultant titles LR. South Tharaka/Tunyai A/2129, 2130 and 2131 reveals that 6 of deceased’s beneficiaries were disinherited and part of the estate distributed to strangers whom the 1st Applicant audaciously refers to as purchasers.
5. From the foregoing, I find that in seeking to correct the wrong they have committed without following the correct procedure of first seeking cancellation of the illegally issued titles, Applicants are abusing the court process.
6. I therefore decline to rectify the grant or lift inhibitions on LR. South Tharaka/Tunyai A/2129, 2130 and 2131. Correction of names of some of the beneficiaries whose names were misspelt should be sought once their shares become available for distribution.
Dated at Meru this 13th DAY OF June 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicants -Mr. Thangichia for Thangichia M.David & Co. AdvoctaesPage 2 of 2