[2020] KEHC 9763 (KLR)
The court found that the application for rectification of the confirmed grant was meritorious as it sought to correct the names of the deceased and the first administrator to reflect their aliases, and to include an additional property that was allocated to the deceased in another succession cause. There was...
Source-derived case information.
- Citation
- [2020] KEHC 9763 (KLR)
- Parties
- Applicant: Agnes Wangari Njuguna; Applicant: Faith Wanja Mwaura; Respondent: Samuel Mwaura Karanja (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2839 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Legal Topics
- Rectification of Grant, Probate and Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Wangari Njuguna
Applicant
Faith Wanja Mwaura
Applicant
Samuel Mwaura Karanja (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to correct the names of the deceased and the first administrator.
- 2 Whether an additional property should be included in the list of assets of the estate.
Ratio Decidendi
The court found that the application for rectification of the confirmed grant was meritorious as it sought to correct the names of the deceased and the first administrator to reflect their aliases, and to include an additional property that was allocated to the deceased in another succession cause. There was consensus among the beneficiaries regarding the inclusion of the property and its allocation to the widow. The court exercised its discretion under the Law of Succession Act to allow the rectification, finding no opposition and that the interests of justice and proper administration of the estate required the grant to be amended accordingly.
Court Disposition
Application for rectification of grant allowed.
Orders
- The confirmed grant is rectified to correct the names of the deceased and the first administrator as prayed.
- The additional property (0.113 hectares out of L.R.NO. KABETE/LOWER KABETE/61) is included in the list of assets and allocated to the widow.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
SUCESSION CAUSE NO. 2839 0F 2013
IN THE MATTER OF THE ESTATE OF SAMUEL MWAURA KARANJA
RULING
1. Before court is an application dated 20th August 2019, by Agnes Wangari Njuguna and Faith Wanja Mwaura, administrators and beneficiaries of the estate herein seeking for rectification of the confirmed grant so as to correct the names of the deceased and the first administrator and to add an additional property to the list of assets.
2. The application is based on the grounds that the deceased is known as Samuel Mwaura Karanja alias Samuel Ndiho Karanja; the first administrator is known as Agnes Wangari Ngugi alias Agnes Wangari Njuguna and there is need to reflect their names as such.
3. Further that the deceased was allocated 0. 113 hectares of land out of L.R.NO. KABETE/LOWER KABETE/61 in Succession Cause No. 520A of 2013, In the estate of Francis Karanja Ndegwa. The deceased therein was the father to the deceased in this cause. And there is need for the said property to be included in the list of the assets herein. There is consensus also between the beneficiaries that the property goes to the widow who is the first administrator.
4. Having considered the applications, the affidavit in support and the annexures thereto, I find the prayers sought to be meritorious in the circumstances.
5. I therefore allow the grant be rectified in terms of prayers 1 & 2 of the application.
6. Costs in the cause.
SIGNED DATEDandDELIVEREDthis 27th day of May, 2020.
ALI-ARONI
JUDGE