[2023] KEHC 2336 (KLR)

[2023] KEHC 2336 (KLR)

The court found that the applicant, as a son of Julius Raikanya (deceased), was entitled to a share of the deceased's estate through his late father. The respondent had misled the court by omitting the applicant's name from the list of beneficiaries in the application for confirmation of grant. The omission was...

Source-derived case information.

Citation
[2023] KEHC 2336 (KLR)
Parties
Applicant: Andrew Gikunda Raikanya; Respondent: Polly Kanyua
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 401 of 2013
Procedural Posture
Succession Cause / Ruling on Summons for Provision and Rectification of Grant
Outcome
summons allowed; rectification of grant ordered; subdivisions cancelled
Judges
TW Cherere
Legal Topics
Succession, Rectification of Grant, Provision for Dependants, Distribution of Estate
Source Language
en
Family and Children Succession Rectification of Grant Provision for Dependants Distribution of Estate

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Summary, issues, holding and outcome

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Parties

Andrew Gikunda Raikanya

Applicant

Polly Kanyua

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Provision and Rectification of Grant

Legal Issues

  1. 1 Whether the applicant, as a son of Julius Raikanya (deceased), was entitled to a share of the deceased's estate through his late father.
  2. 2 Whether the Certificate of Confirmation of Grant should be rectified to include the applicant as a beneficiary.
  3. 3 Whether the subdivision and transfer of the estate was proper in light of the applicant's exclusion.

Ratio Decidendi

The court found that the applicant, as a son of Julius Raikanya (deceased), was entitled to a share of the deceased's estate through his late father. The respondent had misled the court by omitting the applicant's name from the list of beneficiaries in the application for confirmation of grant. The omission was material and warranted rectification of the Certificate of Confirmation of Grant. The court ordered cancellation of the subdivisions and rectification of the grant to ensure equal distribution among the deceased's children, including the applicant's entitlement through his father's estate.

Court Disposition

summons allowed; rectification of grant ordered; subdivisions cancelled

Orders

  • Title numbers 4764, 4765, 4766, 4767, 4768, 4769 and 4770 arising out of subdivision of LR. Nyaki/Mulathankari are hereby cancelled.
  • Certificate of Confirmation of Grant issued on June 23, 2022 shall be rectified by distributing deceased’s estate in LR. Nyaki/Mulathankari/154 equally to deceased’s children as specified.