[2018] KEHC 6186 (KLR)
The court found that the application for rectification was merited as one of the administrators, Esther Waithira Mirithu, was deceased, necessitating her removal from the certificate of confirmation of grant. Furthermore, the properties Business Plot No. 56 at Bahati Trading Center and I.R 10613/1, which were...
Source-derived case information.
- Citation
- [2018] KEHC 6186 (KLR)
- Parties
- Applicant: Agnes Nungari Mirithu; Applicant: Esther Waithira Mirithu; Respondent: Simon Peter Gachi Bernard
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Appeal 436 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmation of Grant
- Outcome
- Application allowed; certificate of confirmation of grant rectified as prayed.
- Judges
- AG Ndung'u
- Legal Topics
- Rectification of Grant, Administration of Estates, Distribution of Estate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Nungari Mirithu
Applicant
Esther Waithira Mirithu
Applicant
Simon Peter Gachi Bernard
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to reflect one administrator due to the death of Esther Waithira Mirithu.
- 2 Whether the omitted properties should be included as part of the deceased's estate.
- 3 Whether the proposed distribution of the newly included properties is fair and consented to by all beneficiaries.
Ratio Decidendi
The court found that the application for rectification was merited as one of the administrators, Esther Waithira Mirithu, was deceased, necessitating her removal from the certificate of confirmation of grant. Furthermore, the properties Business Plot No. 56 at Bahati Trading Center and I.R 10613/1, which were omitted during the initial confirmation, were proven to be part of the deceased's estate and all beneficiaries had consented to their inclusion and the proposed distribution. The court was satisfied that the rectification would facilitate the proper administration and winding up of the estate, and that no prejudice would be occasioned to any party. The application was therefore...
Court Disposition
Application allowed; certificate of confirmation of grant rectified as prayed.
Orders
- The certificate of confirmation of grant is rectified to reflect Agnes Nungari Mirithu as the sole administrator.
- The certificate of confirmation of grant is rectified to include Business Plot No. 56 at Bahati Trading Center and I.R 10613/1 as part of the assets of the deceased.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 436 OF 2003
IN THE MATTER OF THE ESTATE OF
PETER MIRITHU GACHIE....................................DECEASED
RULING
1. Before Court is the summons for rectification of Certificate of Confirmation of Grant dated 15/2/2017.
2. It is sought;
1. THAT the certificate of confirmation of grant issued to Agnes Nungari Mirithu and Esther Waithira Mirithu be rectified to reflect one administrator Agnes Nungari Mirithu.
2. THAT the certificate for confirmation of grant issued to Agnes Nungari Mirithu and Esther Waithira Mirithu be rectified to include BUSINES PLOT NO. 56 AT BAHATI TRADING CENTER and I.R 10613/1 as part of the assets of the deceased.
3. THAT upon the inclusion of the property in the grant, the properties be distributed as hereunder;
NAME DESCRIPTION OF SHARES
PROPERTY
Mirithu Paul Ndungata Business Plot No. 56 at Bahati Whole shareTrading Center
Peter Karare Njonge
Francis Mwangi Njonge
Stephen Mbugua Njonge
Paul Karithi Njonge
4. That costs of the application be borne by the estate.
3. The application is premised on 4 grounds namely;
1. THAT Esther Waithira Mirithu is deceased.
2. THAT the property known as BUSINESS PLOT NO. 56 AT BAHATI TRADING CENTER and I.R 10613/1were inadvertently left out from the properties of the deceased when the petition of letters of administration was made.
3. THAT it is only fair that the said property be included as part of the assets of the deceased.
4. THAT the beneficiaries of the estate of the deceased have consented to the grant being rectified.
4. The application is not opposed and there is evidence of service on Ms Namisi & Company Advocates on record for Simon Peter Gachi Bernard.
5. In brief submissions Ms Alwala for the Applicant urged that the rectification is necessary as 2 properties of the deceased had been left out during the confirmation of grant. They had been purchased but had not been transferred at the time. She added that one of the administrators is now deceased and there was need to remove her name and substitute the names with only one administrator.
6. I have perused the application, the supporting affidavit and the submissions by learned counsel. I have noted the consent of the parties on the distribution proposed.
7. I am satisfied that the application is merited and the orders sought are necessary in furtherence to the administration of the estate herein and its winding up.
8. I allow the summons in terms of prayer 1, 2 and 3. Costs be borne out of the estate.
Dated and Signed at Nakuru this 13th day of June, 2018.
A. K. NDUNG'U
JUDGE