[2022] KEHC 16614 (KLR)
The court found that LR KIIRUA/KIIRUA/NKANDO/1327 was omitted from the Certificate of Confirmation of Grant and had not been distributed. However, there was a valid and subsisting court order from February 10, 2009, directing that the property be distributed equally between Geoffrey Gikundi Mutungi and Isabella...
Source-derived case information.
- Citation
- [2022] KEHC 16614 (KLR)
- Parties
- Applicant: Isabella Kinya; Respondent: Sasinta Kathure M’mtungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 2007
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for exclusive distribution declined; property to be distributed equally as per prior court order.
- Judges
- TW Cherere
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isabella Kinya
Applicant
Sasinta Kathure M’mtungi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether LR KIIRUA/KIIRUA/NKANDO/1327 was omitted from the confirmed grant and should be distributed.
- 2 Whether the applicant is entitled to exclusive distribution of LR KIIRUA/KIIRUA/NKANDO/1327 contrary to a prior court order.
Ratio Decidendi
The court found that LR KIIRUA/KIIRUA/NKANDO/1327 was omitted from the Certificate of Confirmation of Grant and had not been distributed. However, there was a valid and subsisting court order from February 10, 2009, directing that the property be distributed equally between Geoffrey Gikundi Mutungi and Isabella Kinya. Since this order had neither been set aside nor reviewed, the court held that it remained binding. Therefore, the applicant's request for exclusive distribution was declined, and the property was to be distributed in accordance with the prior order, in equal shares to both beneficiaries.
Court Disposition
Application for exclusive distribution declined; property to be distributed equally as per prior court order.
Orders
- LR KIIRUA/KIIRUA/NKANDO/1327 shall be distributed in equal shares to Geoffrey Gikundi Mutungi and Isabella Kinya as ordered by the court on February 10, 2009.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Saberio M'mutungi Kithamba (Deceased) (Succession Cause 82 of 2007) [2022] KEHC 16614 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16614 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 82 of 2007
TW Cherere, J
December 21, 2022
Between
Isabella Kinya
Applicant
and
Sasinta Kathure M’mtungi
Respondent
Ruling
1. I have considered the Certificate of Confirmation of Grant dated October 11, 2018. It is indeed true as stated by the Applicant that LR KIIRUA/KIIRUA/NKANDO/1327 which is still registered in the name of deceased was not included in the list of his assets nor was it distributed.
2. I have also considered an order made on February 10, 2009 by Emukule J (as he then was) that LR KIIRUA/KIIRUA/NKANDO/1327 shall be distributed to the Objector then (Geoffrey Gikundi Mutungi) and his aunt Isabella Kinya (Applicant herein).
3. That court order has neither been set aside nor reviewed and remains valid. Consequently, the Applicant’s summons for rectification to distributed LR KIIRUA/KIIRUA/NKANDO/1327 exclusively to her is declined and shall be distributed in equal shares to Geoffrey Gikundi Mutungi and Isabella Kinya as ordered by the court on October 10, 2009.
Dated at Meru this 21stDAY OF December2022WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiApplicant - Present in personFor Respondent - Ms. Masamba for Mithega & Kariuki Advocates