[2019] KEHC 7290 (KLR)
The court found that the omission of the specified parcels of land from the confirmed grant was inadvertent and that all administrators and beneficiaries had consented to their inclusion and to the proposed mode of distribution. The rectification was necessary to facilitate the final administration of the estate....
Source-derived case information.
- Citation
- [2019] KEHC 7290 (KLR)
- Parties
- Applicant: Beritha Nyambura Wangai; Applicant: Gladys Wanjiku Mungai; Applicant: Mwangi Wangai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 449 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Administration of Estates, Distribution of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beritha Nyambura Wangai
Applicant
Gladys Wanjiku Mungai
Applicant
Mwangi Wangai
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the omitted parcels of land should be included in the confirmed grant as assets of the deceased estate.
- 2 Whether the distribution of the newly included assets as agreed by the administrators and beneficiaries should be sanctioned by the court.
Ratio Decidendi
The court found that the omission of the specified parcels of land from the confirmed grant was inadvertent and that all administrators and beneficiaries had consented to their inclusion and to the proposed mode of distribution. The rectification was necessary to facilitate the final administration of the estate. The court was satisfied that the application met the requirements of Section 74 of the Law of Succession Act and that no prejudice would be occasioned to any party. Accordingly, the court allowed the summons for rectification and ordered that the omitted assets be included in the grant and distributed as agreed by the parties.
Court Disposition
application allowed
Orders
- The summons dated 14/2/2019 is allowed in terms of prayer 1.
- Distribution of the included assets shall be as per the terms agreed in the supporting affidavit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 449 OF 2010
IN THE MATTER OF THE ESTATE OF THE LATE PAUL MWANGI GITHIGA also known as WANGAI GITHIGA (DECEASED)
AND
1. BERITHA NYAMBURA WANGAI
2. GLADYS WANJIKU MUNGAI.............................................PETITIONERS
3. MWANGI WANGAI
RULING
1. Before court in the summons for rectification of grant dated 14/2/2019. The rectification is sought in the following aspects;
1. THATthe deceased (PAUL WANGAI GITHIGA ALSO KNOWN AS WANGAI GITHIGA) was the sole proprietor of those parcels known as MARMANET/NORTH RUMURUTI BLOCK 2/2676 (NDURUMO), MARMANET/NORTH RUMURUTI BLOCK 2/2675 (NDURUMO), MARMANET/NORTH RUMURUTI BLOCK 2/2671 (NDURUMO) and MARMANET/NORTH RUMURUTI BLOCK 2/3225 (NDURUMO) which the administrators forgot to include in the confirmation of grant issued on 2nd October, 2015.
2. THATthe costs of the application be costs in the cause.
2. The summons is premised on the affidavit of Berithi Nyambura Wangai, Gladys Wanjiku Wangai and Mwangi Wangai Githiga.
3. It is the applicant’s case that at the time the grant of letters of administration in this matter was confirmed, the administrators forgot to include parcels of land known as Marmanet/North Rumuruti Block 2/2676 (Ndurumo), Marmanet/North Rumuruti Block 2/2675 (Ndurumo), Marmanet/North Rumuruti Block 2/2671 (Ndurumo) and Marmanet/North Rumuruti Block 2/3225 (Ndurumo).
4. It is prayed that the said properties be included as part of the assets of the deceased. It is urged that by consent of the administrators and the beneficiaries of the estate herein parcel numbers Marmanet/North Rumuruti Block 2/2676 (Ndurumo) and Marmanet/North Rumuruti Block 2/2675 (Ndurumo) be transmitted to the purchaser HENRY MUNGAI KIMANI directly as the sole beneficiary.
5. Further, by consent of all the administrators and other beneficiaries of the estate, it is agreed that parcel number Marmanet/North Rumuruti Block 2/2671 (Ndurumo) be transmitted directly to ESTHER MUTHONI WANGAI as the sole beneficiary.
6. The administrators and the beneficiaries, again by consent, have agreed that parcel number Marmanet/North Rumuruti Block 2/3225 (Ndurumo) do transmit directly to JOSEPH WANG’OMBE WANGAI as the sole beneficiary.
7. I have considered the summons, the supporting affidavit together with the annextures thereto and the consents duly executed and filed.
8. I am persuaded that the rectification sought is necessary to facilitate the finalization of the administration of the estate herein.
9. With the result that the summons for rectification of grant dated 14/2/2019 is wholly successful. I allow the same and make the following orders;
1. THAT the summons dated 14/2/2019 is allowed in terms of prayer 1 thereof.
2. THAT distribution of the included assets be within the terms of paragraph 4, 5 and 6 of the supporting affidavit.
3. THAT costs be in the cause.
DatedandSignedatNakuruthis 28thday ofMay, 2019.
A. K. NDUNG’U
JUDGE