[2021] KEHC 1353 (KLR)
The court found that there was no evidence on record to support the inclusion of Edwin Mugambi as a child of Lydiah Karimi and, consequently, as a beneficiary of the estate. The inclusion was deemed inadvertent. Since the application was unopposed and the evidence supported the applicant's position, the court...
Source-derived case information.
- Citation
- [2021] KEHC 1353 (KLR)
- Parties
- Applicant: Lydiah Karimi; Respondent: Edward Mwirigi Mbwiri; Respondent: Joanina Kaimuri Mbwiria; Respondent: Julia Mugure Mbwiria; Respondent: Christine Mukiri; Applicant: Hellen Mwari; Applicant: Janet Nkirote Mungania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 409 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application to Rectify Grant and Expunge Name From Court Record
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Distribution of Estate, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lydiah Karimi
Applicant
Edward Mwirigi Mbwiri
Respondent
Joanina Kaimuri Mbwiria
Respondent
Julia Mugure Mbwiria
Respondent
Christine Mukiri
Respondent
Hellen Mwari
Applicant
Janet Nkirote Mungania
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Rectify Grant and Expunge Name From Court Record
Legal Issues
- 1 Whether the inclusion of Edwin Mugambi as a child of Lydiah Karimi in the list of beneficiaries was erroneous.
- 2 Whether the Certificate of Confirmation of Grant should be rectified to expunge the name of Edwin Mugambi.
Ratio Decidendi
The court found that there was no evidence on record to support the inclusion of Edwin Mugambi as a child of Lydiah Karimi and, consequently, as a beneficiary of the estate. The inclusion was deemed inadvertent. Since the application was unopposed and the evidence supported the applicant's position, the court ordered the expunging of Edwin Mugambi's name from the relevant paragraphs of its earlier ruling and directed that the Certificate of Confirmation of Grant be rectified accordingly.
Court Disposition
application allowed
Orders
- The name Edwin Mugambi is hereby expunged from paragraph 21 and 26 (iii) of this court's ruling dated 30th December, 2020 delivered on 28th January, 2021.
- The Certificate of Confirmation of Grant dated 3rd February, 2021 shall be rectified accordingly.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
SUCCESSION CAUSE NO. 409 OF 2007
IN THE MATTER OF THE ESTATE OF SEBASTIAN MBWIRI KIENE (DECEASED)
BETWEEN
LYDIAH KARIMI.............................................................................1ST APPLICANT
EDWARD MWIRIGI MBWIRI..................................................2ND RESPONDENT
AND
JOANINA KAIMURI MBWIRIA....................1ST PETITIONER/RESPONDENT
JULIA MUGURE MBWIRIA........................2ND PETITIONER/RESPONDENT
CHRISTINE MUKIRI.....................................3RD PETITIONER/RESPONDENT
HELLEN MWARI........................................................................1ST. PROTESTOR
JANET NKIROTE MUNGANIA...............................................2ND PROTESTOR
R U L I N G
1. I have considered the application dated 17th November, 2021in the light of the supporting affidavits worn by LYDIA KARIMI in which she denies that PATRICK MUGAMBI is her son.
2. In the ruling dated 30th December, 2020 delivered on 28th January, 2021, it is apparent that the estate was distributed to the widows and their respective children.
3. From the evidence on record, the name EDWIN MUGAMBI does not feature on the list of deceased’s children. I am therefore persuaded that the inclusion of EDWIN MUGAMBI on the list of LYDIAH KARIMI ‘s children was inadvertent.
4. This application was duly served and was not opposed. From the foregoing analysis therefore, the summons and filed on 29th November, 2021 has merit and it is therefore hereby ordered:
1) The name EDWIN MUGAMBI is hereby expunged from paragraph 21 and 26 (iii) of this court’s ruling dated 30th December, 2020 delivered on 28th January, 2021
2) The Certificate of Confirmation of Grant dated 03rd February, 2021 shall be rectified accordingly.
DATED THIS 16TH DAY OF DECEMBER, 2021
T.W. CHERERE
JUDGE
Court Assistant - Morris Kinoti
For 1ST Applicant - Mr. Mwirigi for M/s. Mwirigi Kaburu & Co. Advocates
For Respondent s - Mr. Basilio for Basilio Gitonga, Murithi & Associates
For Protestors - N/A for M/s. Mboos Mutunga & Co. Advocates