[2025] KEHC 2704 (KLR)
The court found that the application for rectification of grant was unopposed and supported by all beneficiaries. The evidence established that two properties were omitted from the confirmed grant and that the names of two beneficiaries were misspelt. Since all parties agreed on the inclusion of the omitted...
Source-derived case information.
- Citation
- [2025] KEHC 2704 (KLR)
- Parties
- Applicant: Ayub Maina Njega; Respondent: Nelson Ndiritu Njega
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 354 of 2005
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- grant rectified as prayed
- Judges
- PN Gichohi
- Legal Topics
- Rectification of Grant, Distribution of Estate, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayub Maina Njega
Applicant
Nelson Ndiritu Njega
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include omitted properties in the estate.
- 2 Whether the names of two beneficiaries should be corrected in the grant.
- 3 Whether the agreed mode of distribution among beneficiaries should be adopted.
Ratio Decidendi
The court found that the application for rectification of grant was unopposed and supported by all beneficiaries. The evidence established that two properties were omitted from the confirmed grant and that the names of two beneficiaries were misspelt. Since all parties agreed on the inclusion of the omitted properties, the correction of names, and the mode of distribution, the court held that it was just and proper to rectify the grant accordingly. The court exercised its powers under Section 74 of the Law of Succession Act to amend the grant to reflect the true particulars of the estate and beneficiaries, ensuring equitable distribution as agreed by the family.
Court Disposition
grant rectified as prayed
Orders
- The two properties, Plot No. 7688 and Plot No. 7783 in Mutukanio Farmers (Ng’arua Farm), are included for distribution equally among all six beneficiaries.
- The names of the beneficiaries are rectified to read Daniel Gituro Njega and David Ngeu Njega.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of the Late Njega Waigwa Ngunju (Deceased) (Succession Cause 354 of 2005) [2025] KEHC 2704 (KLR) (3 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2704 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 354 of 2005
PN Gichohi, J
March 3, 2025
IN THE MATTER OF THE ESTATE OF THE LATE NJEGA WAIGWA NGUNJU (DECEASED)
In the matter of
Ayub Maina Njega
Petitioner
Ruling
1. This court has heard the parties orally and through their affidavits in regard to summons dated 11/9/2023 for rectification of grant.
2. It has transpired and it is in agreement by all the beneficiaries that two properties were left out in the initial grant confirmed on 5/3/2020.
3. It has also transpired that names of two beneficiaries were misspelt.
4. They have agreed on the mode of distribution.
5. There being no disagreement the Grant is rectified in that:-1. The two properties being Plot No. 7688 in Mutukanio Farmers (Ng’arua Farm) and Plot No. 7783 in Mutukanio Farmers (Ng’arua Farm) be included for distribution equally amongst all the six beneficiaries.2. The names of the two beneficiaries indicated as Daniel Gituo Njega and David Ngechu Njega be rectified accordingly so as to read Daniel Gituro Njega and David Ngeu Njega.
6. The parties are commended for cohesion in their family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 3RDDAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Ms Kendi for all BeneficiariesMs Kemunto for Mr Mongeri for Nelson Ndiritu Njega (beneficiary)Ruto, Court Assistant