[2021] KEHC 4631 (KLR)
The court found that the Certificate of Confirmation of Grant required rectification to align with the binding Judgment of the Court of Appeal in Civil Appeal No. 88 of 2017, which restored property L.R No. 4418/2 to Thomas Kanake Guandaru. The court also recognized the consent of the beneficiaries dated 17th...
Source-derived case information.
- Citation
- [2021] KEHC 4631 (KLR)
- Parties
- Applicant: Anne Micere Mbogo; Respondent: Thomas Kanake Guandaru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 203 of 1987
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Summons for rectification of grant allowed.
- Judges
- FM Mutuku
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Micere Mbogo
Applicant
Thomas Kanake Guandaru
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to align with the Court of Appeal Judgment in Civil Appeal No. 88 of 2017.
- 2 Whether the property L.R No. 4418/2 should be restored to Thomas Kanake Guandaru and the remaining estate redistributed as per the beneficiaries' consent.
Ratio Decidendi
The court found that the Certificate of Confirmation of Grant required rectification to align with the binding Judgment of the Court of Appeal in Civil Appeal No. 88 of 2017, which restored property L.R No. 4418/2 to Thomas Kanake Guandaru. The court also recognized the consent of the beneficiaries dated 17th December 2020 regarding the redistribution of the remaining estate. As there was no objection to the application, the court allowed the Summons, ordered the rectification of the Certificate of Confirmation of Grant, and directed that the estate be distributed as per the beneficiaries' consent, excluding the property restored to the respondent.
Court Disposition
Summons for rectification of grant allowed.
Orders
- The Certificate of Confirmation of Grant dated 26th November 1993 is rectified to align with the Court of Appeal Judgment in Civil Appeal No. 88 of 2017.
- Property L.R No. 4418/2 is restored to Thomas Kanake Guandaru.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
SUCCESSION CAUSE NO. 203 OF 1987
IN THE MATTER OF THE ESTATE OF THE LATE JUSTUS EZEKIEL MBOGO (DECEASED)
RULING
This Summons seeks to have the Certificate of Confirmation of Grant issued on 7th October 2014 be rectified so as to accommodate the Judgment of the Court of Appeal in Civil Appeal No. 88 of 2017 and costs in the cause. The Summons is supported by the Affidavit of Anne Micere Mbogo, the Administratrix of the Estate of the late Justus Ezekiel Mbogo. The gist of the averments in the Supporting Affidavit are that it has become necessary to rectify the confirmed grant to align it to the Judgment in Civil Appeal No. 88 of 2017.
Through the submissions by Mr. Mogikoyo for the Applicant this court was told that the Appellant in Civil Appeal No. 88 of 2017, Thomas Kanake Guandaru, was the objector entitled to the property known as L. R No. 4418/2 which the estate had taken from him. Upon the Appeal being determined this property was restored to him. This made it necessary to have the Confirmation of Grant dated 26th November 1993 to restore this property to Thomas Kanake Guandaru and re-distribute the remaining property to the beneficiaries as per the consent of the beneficiaries dated 17th December 2020.
I have considered the Summons and the Supporting Affidavit. I have also read the Judgment of the Court of Appeal in Civil Appeal No. 88 of 2017. I have also seen the Consent dated 17th December 2020 signed by the five (5) beneficiaries. In the Consent, the beneficiaries propose to share the remaining property as proposed therein excluding property known as L.R No. 4418/2. There is no objection to this Summons and I therefore allow it. The property of the estate of the deceased shall be shared out as contained in the Consent dated 17th December 2020. This distribution excludes property known as L.R. No. 4418/2. The Certificate of Confirmation dated 26th November 1993 is hereby rectified to reflect these changes. Orders to issue accordingly.
Dated, signed and delivered this 21st July 2021.
S. N. MUTUKU
JUDGE