[2018] KEHC 7916 (KLR)
The court found that the applicants had provided sufficient documentary evidence to prove that the deceased owned land parcel No. Uasin Gishu/Kuinet/26, which was inadvertently omitted from the confirmed grant. There was no objection from any beneficiary, and all parties had consented in writing to the widow...
Source-derived case information.
- Citation
- [2018] KEHC 7916 (KLR)
- Parties
- Applicant: Janet Okwisa Ambuka; Respondent: Samuel Zadock Ambuka (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2775 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Distribution of Estate, Inheritance Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Okwisa Ambuka
Applicant
Samuel Zadock Ambuka (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include land parcel No. Uasin Gishu/Kuinet/26 as part of the deceased's estate.
- 2 Whether the said parcel should be inherited absolutely by the widow, Janet Okwisa Ambuka.
Ratio Decidendi
The court found that the applicants had provided sufficient documentary evidence to prove that the deceased owned land parcel No. Uasin Gishu/Kuinet/26, which was inadvertently omitted from the confirmed grant. There was no objection from any beneficiary, and all parties had consented in writing to the widow inheriting the property absolutely. The court held that, in the absence of any dispute and with the agreement of all beneficiaries, it was just and proper to rectify the grant to include the property and to vest it in the widow as sole proprietor, in accordance with the wishes of the family and the law.
Court Disposition
application allowed
Orders
- The grant of representation is rectified to include land parcel No. Uasin Gishu/Kuinet/26 as part of the deceased's estate.
- Land parcel No. Uasin Gishu/Kuinet/26 is vested absolutely in Janet Okwisa Ambuka as the sole proprietor.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2775 OF 2003
IN THE MATTER OF THE ESTATE OF SAMUEL ZADOCK AMBUKA (DECEASED)
RULING
1. By application dated 2nd February 2018, the applicants herein sought orders authorizing rectification of the grant issued and confirmed on 19th July 2005 so as to include land parcel No. Uasin Gishu/Kuinet/26 as one of the deceased’s property which was inadvertently left out during confirmation. Secondly, that the said parcel of land be inherited by Janet Okwisa Ambuka the 1st applicant herein and the widow of the deceased as the sole absolute proprietor.
2. Application which is filed as general summons is premised on grounds on the face of it and affidavits in support sworn on the 2nd February 2018 by the 1st and 2nd applicants and 1st February 2018 by the 3rd applicant. To support their prayers, the applicants attached letters from the Director Land adjudication and settlement department dated 2nd February 2018 and 8th January 2018 confirming that the deceased was the owner of the said property. They also attached a charge dated 30th June 1983 showing the deceased as the chargee having used the same property to secure a loan from settlement land trustees.
3. Based on this evidence and considering that there is no objection from any quarters, application is allowed as prayed and the said property therefore included in the list of assets left by the deceased. Both parties and or beneficiaries having agreed by written consent that the widow shall inherit the said land absolutely, I have no reason not to grant their prayers. Accordingly, the property is hereby given to the 1st applicant one Janet Okwisa Ambuka as the absolute owner as per the family wishes.
Order accordingly.
SIGNED,DATED AND DELIVERED AT NAIROBI ON THIS 14TH DAY OF MARCH 2018.
J.N. ONYIEGO (JUDGE)
In the presence of:
The Applicants……………………….in person
Edwin……………………………...... Court Assistant