[2024] KEHC 7148 (KLR)
The court found that all beneficiaries, except one who was absent due to illness, were present and in agreement with the rectification of the grant. The mode of distribution had already been agreed upon and the grant confirmed. However, two beneficiaries had delayed in processing their titles, which was impeding the...
Source-derived case information.
- Citation
- [2024] KEHC 7148 (KLR)
- Parties
- Applicant: Solomon Macharia Gichuki; Respondent: Paul
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 518 of 2009
- Procedural Posture
- Succession Cause / Ruling on Rectification of Grant
- Outcome
- grant rectified
- Judges
- PN Gichohi
- Legal Topics
- Succession, Grant Rectification, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Macharia Gichuki
Applicant
Paul
Respondent
Procedural Posture
Succession Cause / Ruling on Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to enable the administrator to complete distribution of the estate.
- 2 Whether the delay by two beneficiaries in processing their titles justifies rectification of the grant.
Ratio Decidendi
The court found that all beneficiaries, except one who was absent due to illness, were present and in agreement with the rectification of the grant. The mode of distribution had already been agreed upon and the grant confirmed. However, two beneficiaries had delayed in processing their titles, which was impeding the completion of the administration of the estate. In the interest of justice and to enable the administrator to complete his work, the court ordered rectification of the grant.
Court Disposition
grant rectified
Orders
- The grant is rectified to enable the administrator to complete the distribution of the estate.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Paul Gichuki Kimani (Deceased) (Succession Cause 518 of 2009) [2024] KEHC 7148 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7148 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 518 of 2009
PN Gichohi, J
June 12, 2024
In the matter of
Solomon Macharia Gichuki
Petitioner
Ruling
1. All the beneficiaries are present and in agreement except for Paul who is said to be sick and having been rushed to hospital.
2. It is apparent that the mode of distribution had been agreed upon and grant confirmed.
3. However, two beneficiaries have taken long to have their titles processed.
4. It is in the interest of justice that the grant be rectified in the circumstances herein to enable Solomon to complete his work as administrator.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 12TH DAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:All beneficiaries.Ruto - Court Assistant.