[2021] KEHC 8590 (KLR)
The court found that the application for substitution was meritorious as it was supported by the necessary documentation, including the death certificate of the deceased beneficiary and the grant of letters of administration to his estate. The court held that Section 74 of the Law of Succession Act and Rule 43 of...
Source-derived case information.
- Citation
- [2021] KEHC 8590 (KLR)
- Parties
- Applicant: Lawrence Waweru Mugo; Applicant: Loise Wangechi Kiongo; Applicant: Joseph Wanjohi Kiongo; Respondent: Harrison Kiongo Miti (Deceased)
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 534 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Beneficiary
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Succession, Grant of Letters of Administration, Substitution of Beneficiary
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Waweru Mugo
Applicant
Loise Wangechi Kiongo
Applicant
Joseph Wanjohi Kiongo
Applicant
Harrison Kiongo Miti (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Beneficiary
Legal Issues
- 1 Whether the court should allow the substitution of the deceased beneficiary's name with those of the administrators of his estate on the Certificate of Confirmation of Grant.
Ratio Decidendi
The court found that the application for substitution was meritorious as it was supported by the necessary documentation, including the death certificate of the deceased beneficiary and the grant of letters of administration to his estate. The court held that Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules empower the court to allow substitution of names in the grant, provided it does not affect the substance of the grant. Since the substitution was procedural and did not alter the substance of the grant, the court allowed the application and ordered the substitution of the deceased beneficiary's name with those of the administrators of his estate.
Court Disposition
application allowed
Orders
- The names of Harrison Kiongo Miti (Deceased) on the Certificate of Confirmation of Grant issued on 28/11/2014 are hereby substituted with the names Loise Wangechi Kiongo and Joseph Wanjohi Kiongo.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 534 OF 2001
IN THE MATTER OF THE ESTATE OF THE LATE MUGO WANGARU (DECEASED)
LAWRENCE WAWERU MUGO.....................................................PETITIONER
RULING
1. The application is dated the 3/12/2020 and is made under the provisions of Section 74 of the Law of Succession Act and seeks to substitute the names of one of the beneficiaries namely HARRISON KIONGO MITI who is deceased.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit dated 3/12/2020 made by LOISE WANGECHI KIONGO and JOSEPH WANJOHI KIONGO.
3. The said deponents have annexed a of copy of the Death certificate of Harrison Kiongo Miti and a copy of the Grant of letters of Administration to his estate.
4. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allow for the substitution of names provided that it does not affect the substance of the Grant.
5. Upon reading the application and hearing the submissions of counsel appearing for the applicants, this court is satisfied that the substitution of the names which are supported by a copy of the Death Certificate of the Deceased and the Grant of Letters of Administration is as envisaged under the provisions of Section 74 of the Law of Succession Act.
6. The application is found to be mentorious and is hereby allowed.
7. The names of HARRISON KIONGO MITI (Deceased) on the Certificate of Confirmation of Grant issued on 28/11/2014 is hereby substituted with the names LOISE WANGECHI KIONGO and JOSEPH WANJOHI KIONGO
Orders Accordingly
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 11TH DAY OF MARCH, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE
11/03/2021