[2024] KEHC 3016 (KLR)
The court found that the applicant had provided sufficient documentary evidence to justify the rectification of the name of Timothy Muthaura to Timothy M. Muthaura Mugambi in the Certificate of Confirmation of Grant. The court also accepted the evidence that James P.K. Mugambi alias Patrick Kinankau, a beneficiary,...
Source-derived case information.
- Citation
- [2024] KEHC 3016 (KLR)
- Parties
- Applicant: Tabitha G. Njiru; Respondent: Timothy M. Muthaura Mugambi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 89 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification and Redistribution
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Redistribution of Estate, Succession of Deceased Beneficiary
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha G. Njiru
Applicant
Timothy M. Muthaura Mugambi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification and Redistribution
Legal Issues
- 1 Whether the name of Timothy Muthaura should be rectified to Timothy M. Muthaura Mugambi in the Certificate of Confirmation of Grant.
- 2 Whether the share of the deceased beneficiary, James P.K. Mugambi alias Patrick Kinankau, should be redistributed to Timothy M. Muthaura Mugambi.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence to justify the rectification of the name of Timothy Muthaura to Timothy M. Muthaura Mugambi in the Certificate of Confirmation of Grant. The court also accepted the evidence that James P.K. Mugambi alias Patrick Kinankau, a beneficiary, was deceased and survived only by his siblings, including Timothy M. Muthaura Mugambi. As such, the redistribution of the deceased beneficiary's share to Timothy M. Muthaura Mugambi was warranted. The court ordered the cancellation of the current titles for the subdivided land, reversion to the original title in the name of the deceased, and subsequent transmission of the...
Court Disposition
application allowed
Orders
- The Land Registrar Meru is directed to cancel title numbers LR. Ontulili/Ontulili Block 1/Katheri/2810 and LR. Ontulili/Ontulili Block 1/Katheri/2811 and revert them to LR. Ontulili/Ontulili Block 1/Katheri/613 in the name of Sarah Ncurubi M’mugambi.
- LR. Ontulili/Ontulili Block 1/Katheri/613 shall be transmitted wholly to Timothy M. Muthaura Mugambi.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Sarah Ncurubi M’mugambi (Deceased) (Succession Cause 89 of 2008) [2024] KEHC 3016 (KLR) (21 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3016 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 89 of 2008
TW Cherere, J
March 21, 2024
IN THE MATTER OF SARAH NCURUBI M’MUGAMBI (DECEASED) AND IN THE MATTER OF REDISTRIBUTION OF THE SHARE FOR PATRICK KINANKAU (DECEASED BENEFICIARY)
In the matter of
Tabitha G. Njiru
Applicant
Ruling
1. The Certificate of Confirmation in this cause was issued on November 20, 2015 distributing one of Deceased’s assets namely LR. Ontulili/Ontulili Block 1/Katheri/613 as follows:a.2 acres to Patrick Kinankaub.Balance to Timothy Muthaura
2. By summons dated December 11, 2023, Tabitha G.Njiru (Applicant) seeks the following orders: that:1. The name of Timothy Muthaura be rectified to read Timothy M. Muthaura Mugambi2. LR. Ontulili/Ontulili Block 1/Katheri/613 be distributed wholly to Timothy M. Muthaura Mugambi
3. The summons is based on the ground that James P.K.Mugambi alias Patrick Kinankau alias James Mugambi alias James K.Mugambi is deceased.
4. The summons is also supported by an affidavit sworn by the Applicant on December 11, 2023 to which is annexed a certificate of death dated 08th April, 2019 in the name of James Mugambi, a copy of an ID card for Timothy M. Muthaura Mugambi and chief’s letter dated September 17, 2023 indicating that James Mugambi was survived by his siblings among them Timothy M. Muthaura Mugambi.
5. Applicant additionally filed a further supporting affidavit sworn on 12th March, 2023 to which is annexed two search certificates for LR. Ontulili/Ontulili Block 1/Katheri/2810 and 2811 which are subdivisions of LR. Ontulili/Ontulili Block 1/Katheri/613 both in the name of the Applicant as the administrator.
6. I have considered the summons in the light of the court record and the supporting affidavit.
7. It has been demonstrated that Timothy Muthaura has an ID card in the name of Timothy M. Muthaura Mugambi and the rectification of his name is therefore merited.
8. It has also been demonstrated by a certificate of death dated April 8, 2019 that a beneficiary by the name of James P.K.Mugambi alias Patrick Kinankau alias James Mugambi alias James K.Mugambi is deceased and was only survived by his siblings among them Timothy M. Muthaura Mugambi. Redistribution of his share is therefore justified.
9. Consequently, it is hereby ordered that:1. The Land Registrar Meru is directed to cancel title numbers LR. Ontulili/ontulili Block 1/katheri/2810 And Lr. Ontulili/Ontulili Block 1/Katheri/2811 and revert them to LR. Ontulili/Ontulili Block 1/Katheri/613 In the Name ofSarah Ncurubi M’mugambi2. Subsequently, LR. Ontulili/Ontulili Block 1/Katheri/613 shall be transmitted wholly to Timothy M. Muthaura Mugambi3. Certificate of Confirmation of Grant dated November 20, 2015 shall be rectified accordingly4. Mention on September 19, 2024 to confirm compliance with these orders and transmission of the estate
DATED AT MERU 21ST DAY OF MARCH, 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioner/Applicant - Ms. Athieno for J.K.Ntarangwi & Co. Advocate