[2024] KEHC 6197 (KLR)
The court held that while the parties consented to the rectification of the grant to clarify the size of land each beneficiary is entitled to, the succession cause only relates to the estate of M’Rukunga M’Limberia. Therefore, the shares of his deceased sons, Achuka M’Rukunga and Ezra Kaburanga, cannot be...
Source-derived case information.
- Citation
- [2024] KEHC 6197 (KLR)
- Parties
- Applicant: Romano Nkarakachia Rukunga; Respondent: Riiri Luci Kanene; Interested Party: Sebastian Mwenda Iweta
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 100 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed in part; request to distribute shares of deceased beneficiaries to their children rejected.
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Distribution of Estate, Succession, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Romano Nkarakachia Rukunga
Applicant
Riiri Luci Kanene
Respondent
Sebastian Mwenda Iweta
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to specify the size of land each beneficiary is entitled to.
- 2 Whether shares of deceased beneficiaries (Achuka M’Rukunga and Ezra Kaburanga) can be distributed to their children within this cause.
Ratio Decidendi
The court held that while the parties consented to the rectification of the grant to clarify the size of land each beneficiary is entitled to, the succession cause only relates to the estate of M’Rukunga M’Limberia. Therefore, the shares of his deceased sons, Achuka M’Rukunga and Ezra Kaburanga, cannot be distributed to their children within this cause. The application for rectification was allowed only to the extent of specifying the distribution of the estate among the listed beneficiaries, and the certificate of confirmation of grant was ordered to be rectified accordingly. The request to distribute the shares of the deceased beneficiaries to their children was rejected as it falls...
Court Disposition
Application for rectification of grant allowed in part; request to distribute shares of deceased beneficiaries to their children rejected.
Orders
- LR. Akithi/Atwana/749 distributed among listed beneficiaries as specified in the ruling.
- LR. Akithi/Athwana/998 awarded wholly to Romano Nkarichia Rukungu.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of M'Rukunga M'Limberia M'Nyumoo (Deceased) (Succession Cause 100 of 2014) [2024] KEHC 6197 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6197 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 100 of 2014
TW Cherere, J
May 23, 2024
In the matter of
Romano Nkarakachia Rukunga
Petitioner
and
Riiri Luci Kanene
Objector
and
Sebastian Mwenda Iweta
Interested Party
Ruling
1. By ruling dated 27th April, 2023, this court directed that deceased’s estate comprised in LR. Akithi/Atwana/749 and LR. Akithi/Athwana/Akithi/998 shall be distributed in equal shares to the following:i.Warichiu Karongoii.Achuka M’Rukungaiii.Jeniffer Kairuiv.Riiri Luci Kanenev.Maliceta Munyala Kananuvi.The estate of Ezra Kaburangavii.Romano Nkarichia Rukungu
2. By chamber summons dated 18th March, 2024, Applicant seeks rectification of the grant on the size of the land each is entitled to. He also seeks that the shares for Achuka M’Rukunga and Ezra Kaburanga be distributed to their children Dougas Kimathi and Abrahim Gitiye Nkarichia respectively.
3. Annexed to the supporting affidavit is a consent signed by the parties and so the application is not opposed.
4. The foregoing notwithstanding, the matter herein relates to the estate of M’Rukunga M’Limberia and not of his deceased sons Achuka M’Rukunga and Ezra Kaburanga. The invitation to distribute their shares in this cause to their children is hence rejected.
5. In the end, the chamber summons dated 18th March, 2024 is determined in the following terms:1. (a)LR. Akithi/Atwana/749 is distributed as follows:i.Narichiu Karongo - 25 pointsii.The estate of Achuka M’Rukunga -10 pointsiii.Jeniffer Kairu - 10 pointsiv.Riiri Luci Kanene - 10 pointsv.Maliceta Munyala Kananu - 10 pointsvi.The estate of Ezra Kaburanga - 1 acrevii.Romano Nkarichia Rukungu - balanceb.LR. Akithi/Athwana/998Romano Nkarichia Rukungu - whole*2. The Certificate of Confirmation of Grant dated 04th July, 2023 shall be rectified accordingly
DATED AT MERU THIS 23rd Day of May 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiFor Petitioner - Mr. Kaba for M.D.Maranya & Co. AdvocatesFor Objector - Mr. Kaba for M.D.Maranya & Co. AdvocatesFor Interested Party - Mr. Muthamia for Bundi Muthamia & Co. Advocates