[2023] KEHC 27040 (KLR)
The court held that it is not tenable to administer the estate of Bernard Gitonga within the succession cause of Protasio Mugaa Ncebere, as the two are distinct estates. However, the court recognized the need to rectify the certificate of confirmation of grant to reflect the death of Bernard Gitonga and to vest his...
Source-derived case information.
- Citation
- [2023] KEHC 27040 (KLR)
- Parties
- Applicant: Joanina Njeri Protasio
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 325 of 2001
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for administration of Bernard Gitonga's estate within this cause disallowed; certificate of confirmation of grant rectified
- Judges
- TW Cherere
- Legal Topics
- Probate and Administration, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joanina Njeri Protasio
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court can entertain an application to administer the estate of Bernard Gitonga within the succession cause of Protasio Mugaa Ncebere.
- 2 Whether the certificate of confirmation of grant should be rectified to reflect the death of Bernard Gitonga and vest his share in his estate.
Ratio Decidendi
The court held that it is not tenable to administer the estate of Bernard Gitonga within the succession cause of Protasio Mugaa Ncebere, as the two are distinct estates. However, the court recognized the need to rectify the certificate of confirmation of grant to reflect the death of Bernard Gitonga and to vest his share in his own estate. The applicant was directed to distribute the estate in accordance with the rectified grant, with a warning that failure to do so could result in revocation of the grant.
Court Disposition
application for administration of Bernard Gitonga's estate within this cause disallowed; certificate of confirmation of grant rectified
Orders
- The Certificate of Confirmation of Grant dated March 31, 2003 is rectified to the extent that the share in favour of Bernard Gitonga shall vest in his estate.
- Rectified certificate of confirmation of grant to issue accordingly.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Protasio Mugaa Ncebere (Deceased) (Succession Cause 325 of 2001) [2023] KEHC 27040 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27040 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 325 of 2001
TW Cherere, J
December 20, 2023
In the matter of
Joanina Njeri Protasio
Administrator
Ruling
1. Deceased’s estate was distributed by a certificate of confirmation of grant dated March 31, 2003 to the Applicant and Bernard Gitonga who subsequently died on January 19, 2007 as shown on the annexed certificate of death.
2. The primary duty of the Probate Court is to distribute the estate of the deceased to the rightful beneficiaries. The orders sought in summons dated 17th July, 2023 do not relate to the administration of the estate of the deceased herein but the estate of the said his son Bernard Gitonga
3. Having said that, the application to administer the estate of Bernard Gitonga in the matter of the estate of Protasio Mugaa Ncebere is untenable and it is disallowed.
4. Consequently, this court makes the following orders:1. The Certificate of Confirmation of Grant dated March 31, 2003 is hereby rectified to the extent that the share in favour of Bernard Gitonga shall vest in his estate.2. Rectified certificate of confirmation of grant to issue accordingly3. Applicant is directed to distribute the estate in terms of the rectified grant and is put on notice that failure to do so might result in revocation of the grant4. Mention on April 23, 2024 to confirm distribution
DATED AT MERU THIS 20TH DAY OF DECEMBER, 2023. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Kimathi for L.Kimathi Kiara & Co Advocates