[2024] KEHC 12897 (KLR)
The court found that the application for rectification of the Certificate of Confirmed Grant was properly brought under Sections 47 and 74 of the Law of Succession Act and relevant rules. The affected beneficiaries had given their consent to the proposed changes, and no objection was raised by other beneficiaries....
Source-derived case information.
- Citation
- [2024] KEHC 12897 (KLR)
- Parties
- Applicant: Catherine Gathigia Kiruki; Respondent: John Muchiri Muriuki; Respondent: Zelipha Gathingia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1401 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Confirmed Grant
- Outcome
- Application for rectification of grant allowed; previous grant revoked; fresh grant issued to sole administrator; certificate of confirmation of grant rectified as per orders.
- Judges
- PM Nyaundi
- Legal Topics
- Succession, Rectification of Grant, Administration of Estates, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Gathigia Kiruki
Applicant
John Muchiri Muriuki
Respondent
Zelipha Gathingia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the Certificate of Confirmed Grant should be rectified as sought by the applicant.
- 2 Whether the court can rectify a grant under Sections 47 and 74 of the Law of Succession Act and relevant Probate and Administration Rules.
- 3 Whether the consent of affected beneficiaries is sufficient to alter the mode of distribution.
Ratio Decidendi
The court found that the application for rectification of the Certificate of Confirmed Grant was properly brought under Sections 47 and 74 of the Law of Succession Act and relevant rules. The affected beneficiaries had given their consent to the proposed changes, and no objection was raised by other beneficiaries. The administrator's objections were not sufficient to override the express wishes and consents of the affected parties. The court further noted that the co-administrator was deceased, necessitating revocation of the previous grant and issuance of a fresh grant to the surviving administrator. The rectification was therefore allowed, and the orders were made to reflect the agreed...
Court Disposition
Application for rectification of grant allowed; previous grant revoked; fresh grant issued to sole administrator; certificate of confirmation of grant rectified as per orders.
Orders
- Grant of Letters of Administration issued on 11th September 2006 revoked; fresh grant to John Muchiri Muriuki as sole administrator.
- Orders of 31st October 2018 varied; Certificate of Confirmation of Grant rectified as specified in the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Philip Muriuki Waigiri (Deceased) (Succession Cause 1401 of 2006) [2024] KEHC 12897 (KLR) (Family) (11 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12897 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1401 of 2006
PM Nyaundi, J
October 11, 2024
IN THE MATTER OF THE ESTATE OF PHILIP MURIUKI WAIGIRI (DECEASED)
Ruling
1. Vide Summons for Rectification of Confirmed Grant dated 31st January 2023, the Applicant herein, Catherine Gathigia Kiruki, seeks that the Certificate of Confirmed Grant be rectified on the terms set out on the face of the Application. The Application is supported by her Affidavit sworn on 31st January 2022.
2. The Administrator opposes the Application and has sworn replying affidavit on 4th May 2023.
3. The application was canvassed via written submissions.
4. The Summons is presented under the provisions of Sections 47 and 74 of the Law of Succession Act and rules 49, 63 and 73 of the Probate and Administration Rules. The beneficiaries of the Estate seek to alter the mode of distribution as affects some beneficiaries, not all the beneficiaries are affected by the proposed rectification.
5. I note that the beneficiaries affected by the proposed changes have given their consent as per signed consent dated 31st January 2022 accompanying the Summons.
6. The Administrator opposes the Application contending that as each of the beneficiaries is an adult they should hold their respective shares individually and not in the manner proposed by the Applicants. He further argues that the certificate is not defective.
7. I have noted the objections of the administrator and observe that the Applicant and affected beneficiaries are only speaking to the parts of the estate that are for transmission to them. Since they have agreed and specifically as the other beneficiaries (those not affected by the alteration) have not raised an objection, there is no basis upon which to deny them the rectification as sought.
8. It is true that under Section 74, rectification of grant is limited to where there are errors, however a court can rectify a grant under the provisions of Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration rules.
9. I observe that the Co- Administrator, Zelipha Gathingia is now deceased, to enable the surviving administrator to proceed with the Administration of the Estate, I will proceed to revoke the grant issued 11th September 2006 and direct that a fresh grant issue to John Muchiri Muriuki as the sole administrator.
10. Accordingly, these are the final ordersa.Grant of Letters of Administration issued herein on the 11th September 2006 is hereby revoked and a fresh grant issue to John Muchiri Muriuki as sole Administrator.b.The Orders of the Court on 31st October 2018 are hereby varied and Certificate of Confirmation of Grant rectified as follows-i.Item No. 5 of the Certificate of Confirmation of Grant is rectified to read Anthony Muriuki Muthee 0. 37 hectares of Parcel No. Iraini/ Chehe/336ii.Item No. 11 of the Certificate of Confirmation of Grant is rectified to read 16 acres of Plot No. 9 Kenjoketty Scheme LO/ 551/ 9 to be shared equally between Caroline Gathigia Muthee and Anthony Muriuki Mutheeiii.Items 7, 8, 9 and 10 to be rectified as follows (Plot No Kenjoketty Scheme LO/551/9)1. Catherine Gathigia Kiruki 5 Acres2. Rose Mdeizi Kiruki 4 Acres3. Mary Wanjiru Kariuki 4 Acres4. Edwin Muriuki Kiruki 3 Acres5. Catherine Gathigia Kiruki, Rose Mdeizi Kiruki, Mary Wanjiru Kiruki And Edwin Muriuki Kiriku to hold jointly 0. 8 acres comprising of homestead and family graveyard.c.The Administrator to finalise transmission within 6 months and furnish final accounts of administration of the estate in accordance with Section 83 (g) of the Law of Succession Actd.Mention on 12th March 2025 to confirm compliancee.Each party will bear their own costsIt is so ordered
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 11TH DAY OF OCTOBER, 2024. P. NYAUNDIJUDGEIn presence of: -Fardosa Court AssistantMarube Advocate for ApplicantMusiro Advocate for Respondent