[2016] KEHC 6116 (KLR)
The court found that the application for rectification and revocation of the Certificate of Confirmation could not be granted in the absence of a duly signed consent from all beneficiaries and a clear explanation for the proposed distribution. The court emphasized that all beneficiaries must be involved and their...
Source-derived case information.
- Citation
- [2016] KEHC 6116 (KLR)
- Parties
- Applicant: Andrew Kituku Kiema; Respondent: Edward Mwanthi Kiema; Respondent: Josephine Nzula Kiema; Respondent: Veronicah Kavinya Kiema; Respondent: Jenifer Mumbua Kiema; Respondent: Winfred Katumbi Kiema; Respondent: Elizabeth Sera Kiema; Respondent: Florence Nzilani Kiema
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 944 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant and Revocation of Certificate of Confirmation
- Outcome
- Application deferred for hearing before all beneficiaries to confirm consent.
- Judges
- EM Muriithi
- Legal Topics
- Succession, Grant Rectification, Confirmation of Grant, Beneficiary Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kituku Kiema
Applicant
Edward Mwanthi Kiema
Respondent
Josephine Nzula Kiema
Respondent
Veronicah Kavinya Kiema
Respondent
Jenifer Mumbua Kiema
Respondent
Winfred Katumbi Kiema
Respondent
Elizabeth Sera Kiema
Respondent
Florence Nzilani Kiema
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant and Revocation of Certificate of Confirmation
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be revoked or rectified due to alleged unfairness in distribution of the estate.
- 2 Whether the proposed distribution without signed consent from all beneficiaries is valid.
Ratio Decidendi
The court found that the application for rectification and revocation of the Certificate of Confirmation could not be granted in the absence of a duly signed consent from all beneficiaries and a clear explanation for the proposed distribution. The court emphasized that all beneficiaries must be involved and their consent obtained before any distribution of the estate can be confirmed. As such, the application was deferred to allow for a hearing where all beneficiaries can confirm their consent to the proposed distribution.
Court Disposition
Application deferred for hearing before all beneficiaries to confirm consent.
Orders
- The application for revocation of the Certificate of Confirmation and proposed distribution is deferred to a hearing date before the court with all beneficiaries present to confirm their consent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 944 OF 2009
IN THE MATTER OF THE ESTATE OF NDULU KIEMA MUTHEMBWA (DECEASED)
RULING
On the Principal Grounds that the Certificate of Confirmation issued herein on 7th October 2011 ‘has become useless and inoperative’ and that ‘it is only fair that other beneficiaries are taken into account and the distribution of the Estate be done considering the beneficiaries’, the petitioner to whom the Grant was confirmed for distribution to him of the Estate asset Machakos/Katangi/867, measuring 14. 5ha. Now seeks the rectification of Grant as follows:
Andrew Kituku Kiema (Petitioner) to hold six (6) hectares for his benefit only.
Edward Mwanthi Kiema to hold six hectares for his benefit only.
Andrew Kituku Kiema and Edward Mwanthi Kiema to hold 2. 5 Hectares for the benefit of themselves and for the benefit of the other beneficiaries.
The survivors of the deceased (beneficiaries) are named in the Affidavit in support of the Petition as:
Edward Mwanthi Kiema;
Josephine Nzula Kiema
Veronicah Kavinya Kiema;
Jenifer Mumbua Kiema
Winfred Katumbi Kiema
Elizabeth Sera Kiema; and
Florence Nzilani Kiema.
There is no explanation given as to why the petitioner and Edward Mwanthi Kiema take 6 hectares each and then hold 2. 5 acres on behalf of themselves and other beneficiaries. More significantly, there is no duly signed Consent to the proposed distribution of the Estate asset.
Accordingly, the application for revocation of the Certificate of Confirmation and distribution as proposed in the Summons dated 15th September 2015 is deferred to a date for hearing before the Court of all the beneficiaries to confirm their Consent to the proposed distribution of the Estate.
DATED AND DELIVERED THIS 30TH DAY OF MARCH 2016.
EDWARD M. MURIITHI
JUDGE
In the presence of: -
No appearance for the Petitioner/Applicant
Ms. Doreen- Court Assistant.