[2014] KEHC 2703 (KLR)
The court declined to allow the application for rectification of the grant because it was made by only one of the two administrators without evidence that the other administrator was aware of or had consented to the application. Furthermore, the proposed distribution of the omitted assets solely to the applicant,...
Source-derived case information.
- Citation
- [2014] KEHC 2703 (KLR)
- Parties
- Applicant: Applicant Administrator (Name not provided); Respondent: Other Administrator (Name not provided)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2191 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant declined; directions issued for proper hearing.
- Legal Topics
- Rectification of Grant, Distribution of Estate, Consent of Survivors
- 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
Applicant Administrator (Name not provided)
Applicant
Other Administrator (Name not provided)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation can be rectified to include omitted assets without the consent of all administrators and survivors.
- 2 Whether the application for rectification is valid when made by only one administrator without evidence of consent from the other administrator and survivors.
Ratio Decidendi
The court declined to allow the application for rectification of the grant because it was made by only one of the two administrators without evidence that the other administrator was aware of or had consented to the application. Furthermore, the proposed distribution of the omitted assets solely to the applicant, without the consent of the other survivors, was improper. The court emphasized the necessity for all survivors to be involved in the process and directed that the application be fixed for hearing with all survivors present.
Court Disposition
Application for rectification of grant declined; directions issued for proper hearing.
Orders
- The application dated 16th October 2013 is not allowed.
- The applicant is directed to fix the application for hearing on a date at which all survivors of the deceased should attend.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2191 OF 2010
IN THE MATTER OF THE ESTATE OF NGARUIYA KINUTHIA NGINYA (DECEASED)
RULING
1. The application dated 16th October 2010 seeks rectification of the grant issued on 7th April 2011 and confirmed on 26th November 2012. The basis for the proposed distribution is that there were four (4) assets had that been left out of the confirmation.
2. The grant made on 7th April 2011 was to two administrators, yet only one of them is party to the application dated 16th October 2013. There is no evidence that the other administrator is aware of the said application, nor that he has consented to it.
3. I note that the applicant administrator proposes that the four (4) omitted assets be included in the distribution and thereafter devolve wholly upon her. There are other survivors, yet there are no consents executed by the said survivors to support the proposed devolution.
4. I will not allow the application dated 16th October 2013. Instead, I shall direct the applicant to fix the application for hearing on a date at which all the survivors of the deceased should attend.
5. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 3rd DAY OF October 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Njuguna for advocate for the applicant.