[2017] KEHC 3955 (KLR)
The court found that the application for rectification of the grant was supported by all beneficiaries, who had signed a consent to that effect. The transfer of the specified land parcels to Nakuru Crater Medical Centre Limited, a company formed by the beneficiaries to manage the hospital asset, was deemed...
Source-derived case information.
- Citation
- [2017] KEHC 3955 (KLR)
- Parties
- Applicant: Anne Olwal Rakwach; Respondent: Nakuru Crater Medical Centre Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 198 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- AG Ndung'u
- Legal Topics
- Rectification of Grant, Distribution of Estate Assets, Consent of Beneficiaries, Company Management of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Olwal Rakwach
Applicant
Nakuru Crater Medical Centre Limited
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to transfer the specified land parcels to Nakuru Crater Medical Centre Limited.
- 2 Whether all beneficiaries have consented to the proposed rectification and transfer of estate assets.
- 3 Whether the rectification is beneficial and not prejudicial to any beneficiary.
Ratio Decidendi
The court found that the application for rectification of the grant was supported by all beneficiaries, who had signed a consent to that effect. The transfer of the specified land parcels to Nakuru Crater Medical Centre Limited, a company formed by the beneficiaries to manage the hospital asset, was deemed beneficial and not prejudicial to any party. The court held that the rectification would streamline the management of the estate asset and ultimately benefit all beneficiaries. Accordingly, the court allowed the summons for rectification of grant as prayed.
Court Disposition
summons for rectification of grant allowed
Orders
- The grant of letters of administration is rectified to transfer Nakuru Municipality Block 16/88, 16/89, and 16/90 to Nakuru Crater Medical Centre Limited.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NUMBER 198 OF 2013
IN THE MATER OF THE ESTATE OF PETER OKIN OJWANG RAKWACH (DECEASED)
RULING
1. Anne Olwal Rakwach the administrator of the estate of PETER OKINS OJWANG RAKWACH (deceased) seeks a rectification of the Grant of letters of administration of the estate of the deceased partially confirmed on 27th July, 2016 made to her in this matter as follows:
- Nakuru Municipality Block 16/88
- Nakuru Municipality Block 16/89
- Nakuru Municipality Block 16/90
the whole share thereof be given to Nakuru Crater Medical Centre. Limited. she seeks that costs be in cause.
2. The application is based on three (3) grounds namely:
a) That the deceased, before his demise had constructed a hospital known as Crater Medical Centre, on the above titles.
b) That after the death of the deceased, the beneficiaries, incorporated a limited liability company, Nakuru Crater Medical Centre Limitedfor purposes of managing and operating the hospital.
c) That the administrator and the beneficiaries are Directors of the company and supported by her affidavit sworn on 30th January, 2017.
3. The gist of the summons as gleaned from the supporting grounds and affidavit is that the deceased had constructed a hospital known as Crater Medical Centre on the land parcels enumerated above.
4. After his death, the beneficiaries incorporated a limited liability company known as Nakuru Crater Medical Centre Limited for the purposes of managing the hospital. The administrator and all the beneficiaries are directors of the said company.
5. All beneficiaries have consented to the rectification and signed a consent to that effect which is filed herein.
6. I have considered the summons for rectification of grant. I note that the envisaged changes to the confirmed grant are beneficial to all the beneficiaries and there is an agreement across board.
7. The said changes are not prejudicial to any of the beneficiaries and the same will go along way in streamlining the management of the medical centre, an asset that in the long run would be of immense benefit to the beneficiaries.
8. Consequently I am satisfied that the orders sought are merited. I allow the summons for rectification of grant dated 30th January, 2017 in terms of prayer 1.
Costs in the cause.
Dated, Signed and Delivered at Nakuru this 19th day of July, 2017.
A. K. NDUNG'U
JUDGE