[2018] KEHC 7885 (KLR)
The court found that the deceased, Njoroge Njuguna, was also known as Josephat Njoroge Njuguna, as evidenced by the title deed, and thus the grant should be rectified to include his Christian name. Furthermore, the court determined that the deceased's interest in L.R No. Lari/Bathi/T.203/23 was limited to a 1/5th...
Source-derived case information.
- Citation
- [2018] KEHC 7885 (KLR)
- Parties
- Applicant: Michael Njoroge; Applicant: Lucy Njoroge; Respondent: Njoroge Njuguna alias Josephat Njoroge Njuguna (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 90 of 2000
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Beneficial Interest, Joint Ownership, Trusts in Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Njoroge
Applicant
Lucy Njoroge
Applicant
Njoroge Njuguna alias Josephat Njoroge Njuguna (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the name of the deceased in the grant should be rectified to include his Christian name Josephat.
- 2 Whether the grant should be amended to reflect the deceased's shareholding in L.R No. Lari/Bathi/T.203/23 as 1/5th instead of the whole parcel.
Ratio Decidendi
The court found that the deceased, Njoroge Njuguna, was also known as Josephat Njoroge Njuguna, as evidenced by the title deed, and thus the grant should be rectified to include his Christian name. Furthermore, the court determined that the deceased's interest in L.R No. Lari/Bathi/T.203/23 was limited to a 1/5th share as a joint owner with four others, not the entire parcel. The grant should therefore be amended to reflect only the deceased's 1/5th share, to be held in trust by the administratrix for her benefit and that of her children. Both prayers for rectification were allowed as prayed, with no order as to costs.
Court Disposition
application allowed
Orders
- The name of the deceased in the grant is rectified to read Njoroge Njuguna alias Josephat Njoroge Njuguna.
- The grant is amended to reflect that the deceased's share in L.R No. Lari/Bathi/T.203/23 is 1/5th, to be held in trust by the 1st administratrix for her benefit and that of her children.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 90 OF 2000
IN THE MATTER OF THE ESTATE OF NJOROGE NJUGUNA (DECEASED)
RULING
1. Vide summons dated 20th December, 2017 seeking rectification of grant issued on 12th April, 2000, confirmed on 14th February, 2001 and rectified on 22nd March, 2016, the applicants sought orders correcting the name of the deceased reflected as Njoroge Njuguna in the said grant to read Njoroge Njuguna alias Josephat Njoroge Njuguna with the inclusion of the name Josephat being his Christian name which name appears in some of his assets.
2. Secondly, the applicants sought to correct the share holding of the deceased with regard to property L.R No. Lari/Bathi/T.203/23 which was jointly held with four other beneficiaries in equal share. According to the confirmed grant, the entire parcel was given to the administrator to hold in trust for her children thus dispossessing the other four co- owners. The applicants therefore sought amendment of the grant to reflect a 1/5th of the said land to be registered in her name for her benefit and that of her children.
3. I have considered the application herein which is filed pursuant to Sections 74 and 47 of the Law of Succession Act Cap 160 Laws of Kenya, grounds on the face of it and affidavit in support deponed jointly by the applicants herein Michael Njoroge and Lucy Njoroge. I have also perused a copy of a title deed in respect of the said land which reflects the deceased as Josephat Njoroge Njuguna with four other joint owners. There is no doubt that the deceased Njoroge Njuguna and Josephat Njoroge Njuguna are one and the same person hence prayer two is allowed as prayed. On the same vien, it is apparent from the copy of title deed attached that the land in question is owned by five joint owners the deceased herein being one of them. His beneficial interest and therefore entitlement is a 1/5th of it and not the entire portion (land). For those reasons, it is prudent that the share holding of a 1/5th by the deceased be reflected in the grant instead of the entire portion and the same to be held in trust by the 1st administratrix for her benefit and that of her children. To that extent, prayer 3 is also allowed as prayed with no order as to costs.
SIGNED, DATED AND DELIVERED AT NAIROBI ON THIS 13TH DAY OF MARCH, 2018.
J.N. ONYIEGO (JUDGE)
In the presence of
………..Counsel for Applicant
…………………Court Assistant