[2024] KEHC 10043 (KLR)
The court found that the applicant had been properly substituted as administrator by a previous court order dated 12.3.2024, and that the registry had not yet issued an amended certificate of confirmation of grant to reflect this substitution. The application before the court was therefore for an administrative...
Source-derived case information.
- Citation
- [2024] KEHC 10043 (KLR)
- Parties
- Applicant: William Wamalwa Wekunda; Applicant: Donald Okumu Sikunyili; Deceased: Stephen Wekunda; Deceased: Herman Okumu Murunga
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 64 of 1998
- Procedural Posture
- Succession Cause / Ruling on Application for Amended Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- REA Ougo
- Legal Topics
- Succession, Grant Confirmation, Administrator Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Wamalwa Wekunda
Applicant
Donald Okumu Sikunyili
Applicant
Stephen Wekunda
Deceased
Herman Okumu Murunga
Deceased
Procedural Posture
Succession Cause / Ruling on Application for Amended Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the applicant is entitled to an amended certificate of confirmation of grant following substitution of deceased administrators.
- 2 Whether the court should direct the registry to issue the amended certificate as per the ruling of 12.3.2024.
Ratio Decidendi
The court found that the applicant had been properly substituted as administrator by a previous court order dated 12.3.2024, and that the registry had not yet issued an amended certificate of confirmation of grant to reflect this substitution. The application before the court was therefore for an administrative action to implement the court's earlier ruling. The court held that there was no opposition to the application and that the applicant was entitled to the relief sought. Accordingly, the court directed the in-charge of the concerned registry to issue an amended certificate of confirmation of grant in line with the ruling of 12.3.2024. No order as to costs was made.
Court Disposition
application allowed
Orders
- The in-charge of the concerned registry shall issue an amended certificate of confirmation of grant in line with the court’s ruling dated 12.3.2024.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Sikunyi Lusike Mulia & Stephen Wekunda (Deceaseds) (Succession Cause 64 of 1998) [2024] KEHC 10043 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 10043 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 64 of 1998
REA Ougo, J
July 30, 2024
In the matter of
William Wamalwa Wekunda
Applicant
Ruling
1. Before me is a Chamber Summons dated the 3rd of June 2024 filed by William Wamalwa and Donald Okumu Sikunyili who sought to substitute the deceased persons Stephen Wekunda and Herman Okumu Murunga and were allowed by this court on 12. 3.2024.
2. The applicant William Wamalwa Wekunda is seeking an order that the Honourable Court be pleased to issue an Amended Certificate of Confirmation of the Grant as per the orders issued on the 12th of March 2024.
3. The application is supported by grounds on the face of the application and an affidavit of William Wamalwa Wekunda dated 3rd June 2024. He deposes as follows; the deceased Stephen Wekunda was his father and before his demise he was one of the administrators of the estate of his late father Sikunyili Lusike Mulia the deceased. His father passed on the 6th day of June 2002. He filed an application dated the 8th of November 2023 seeking to substitute the deceased and conclude the estate's distribution process. On 12. 3.2024 the court allowed his application to substitute the deceased. As can be apparent from the Ruling, Donald Okumu Sikunyili was also appointed to substitute Herman Okumu Murunga ( deceased) according to the Certificate of Confirmation of Grant. He, therefore, seeks an amendment of the Certificate.
4. The application was not opposed.
5. I have considered the application and it is apparent that after the ruling dated 12. 3.2024, the Registry did not issue a grant. What the applicant is seeking is an administrative action. Let the In- charge of the concerned Registry issue an amended certificate of grant in line with the court’s ruling dated 12. 3.2024. No order as to costs.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT BUNGOMA ON THE 30TH DAY OF JULY 2024. R.E.OUGOJUDGEIn the presence of:Mr. Murunga -For the ApplicantRespondent - AbsentWilkister - C/A