[2016] KEHC 2482 (KLR)
The court found that the omission of parcel Maputi/Kiima Kimwe/2435 from the estate was inadvertent and that there was no opposition to the application for rectification. The court was satisfied that the requirements for rectification under the Law of Succession Act had been met. Accordingly, the court allowed the...
Source-derived case information.
- Citation
- [2016] KEHC 2482 (KLR)
- Parties
- Applicant: Paul Munyao Muia; Applicant: Michael Makau Muia; Respondent: Lois Mwongeli Mulwa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 449 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Distribution of Estate, Administration of Estate
- 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
Paul Munyao Muia
Applicant
Michael Makau Muia
Applicant
Lois Mwongeli Mulwa
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include parcel Maputi/Kiima Kimwe/2435 as part of the deceased's estate.
- 2 Whether the distribution of the newly included asset should be as proposed by the applicants.
Ratio Decidendi
The court found that the omission of parcel Maputi/Kiima Kimwe/2435 from the estate was inadvertent and that there was no opposition to the application for rectification. The court was satisfied that the requirements for rectification under the Law of Succession Act had been met. Accordingly, the court allowed the application, ordered the amendment of the certificate of confirmed grant to include the omitted parcel, and directed its distribution as proposed by the applicants.
Court Disposition
application allowed
Orders
- The certificate of confirmed grant is amended to include parcel No. Muputi/Kiima Kimwe/2435 in the schedule of distribution.
- 54ft x 100ft of parcel No. Muputi/Kiima Kimwe/2435 is to be given to Lois Mwongeli Mulwa and the remainder to Paul Munyao Muia and Michael Makau Muia to jointly own.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO.449 OF 2005
IN THE MATTER OF THE ESTATE OF THE LATEPETER MUIA MUIVAalias MUIA MUIVA NGINYA(DECEASED)
PAUL MUNYAO MUIA )
MICHAEL MAKAU MUIA )……………………PETITIONERS/APPLICANTS
RULING OF THE COURT
1. The Notice of Motion before the court is dated 11th September, 2015. It seeks to rectify Grant of Letters of Administration as prayed.
2. The application is not opposed. I have considered the same.
3. The reasons necessitating the need to rectify are stated in the supporting affidavit of Michael Makau Muia, one of the Administrators. The parcel of land Maputi/Kiima Kimwe/2435 was by an inadvertent mistake left out of the assets of the estate of the deceased. It is that asset that the current application now seeks to make part of the estate of the deceased to be distributed as proposed.
4. I have no reasons to deny the application. The same is allowed, and the estate is further distributed in the following terms:
(a) That the certificate of confirmed grant be and is hereby amended to include parcel No. Muputi/Kiima kimwe/2435 in the schedule of distribution.
(b) That 54ft x100ft of parcel No. Muputi/Kiima kimwe/2435 be given to LOIS MWONGELI MULWA and the remainder to PAUL MUNYAO MUIA and MICHAEL MAKAU MUIA to jointly own the same.
Orders accordingly.
Read, Delivered and Dated this 28th Day of SEPTEMBER 2016.
E.K. OGOLA
JUDGE