[2024] KEHC 9885 (KLR)
The court found that the omission of Safaricom shares and Bahati/Bahati Block1/1974 from the confirmed grant was an error. The applicant provided evidence of the beneficiaries' consent to the rectification and the proposed distribution. No beneficiary objected, and all confirmed their agreement in court. The court...
Source-derived case information.
- Citation
- [2024] KEHC 9885 (KLR)
- Parties
- Applicant: Elizabeth Kabura Thiong’o; Respondent: Beneficiaries (including Nancy Catherine Gathoni Mwaniki and Martin Ngugi Njoroge)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 589 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- grant rectified as prayed
- Judges
- PN Gichohi
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Kabura Thiong’o
Applicant
Beneficiaries (including Nancy Catherine Gathoni Mwaniki and Martin Ngugi Njoroge)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to include Safaricom shares and Bahati/Bahati Block1/1974, which were erroneously omitted.
- 2 Whether the proposed distribution of the omitted assets is agreed by all beneficiaries.
Ratio Decidendi
The court found that the omission of Safaricom shares and Bahati/Bahati Block1/1974 from the confirmed grant was an error. The applicant provided evidence of the beneficiaries' consent to the rectification and the proposed distribution. No beneficiary objected, and all confirmed their agreement in court. The court held that, in the absence of dispute and with full consent, it was proper to rectify the grant to include the omitted assets and distribute them as agreed. The rectification was therefore allowed as prayed.
Court Disposition
grant rectified as prayed
Orders
- The confirmed grant dated 1st October, 2018 is rectified to include Safaricom shares and Bahati/Bahati Block1/1974.
- Safaricom shares to be inherited by Nancy Catherine Gathoni Mwaniki.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the Late Sam Chege Thiong'o alias Samwel Chege Thiong'o (Deceased) (Succession Cause 589 of 2013) [2024] KEHC 9885 (KLR) (29 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9885 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 589 of 2013
PN Gichohi, J
July 29, 2024
IN THE MATTER OF THE ESTATE OF THE LATE SAM CHEGE THIONG’O alias SAMWEL CHEGE THIONG’O (DECEASED)
In the matter of
Elizabeth Kabura Thiong’o
Applicant
Ruling
1. What was coming up today is the summons for rectification of grant brought under section 47, 71 (1) and 74 of the Law of Succession Act and Rule 73 of the Probate Rules.
2. That summons is dated 18th Day of August, 2023 and filed on 31st day of August, 2023 by the firm of Munene Chege & Co. Advocates.
3. The Petitioner/Applicant (Elizabeth Kabura Thiong’o) who is the widow and administrator of the Estate of the deceased herein, seeks that the grant confirmed on 1st day of October, 2018 be rectified to include some two properties of the deceased erroneously left out being.{{>#argumentspara_1 1}}.Safaricom shares. {{>#argumentspara_2 2}}.Bahati/Bahati Block1/1974.
4. In support of that summons is the affidavit she swore on 18th day of August, 2023 whereby she indicated that the mode of distribution should be rectified to reflect that:-{{>#argumentspara_1 1}}.Nancy Catherine Gathoni Mwaniki should inherit Safaricom shares. 2. Martin Ngugi Njoroge who was a purchaser for value should inherit Bahati/Bahati Block 1/1974.
5. Attached to this affidavit is a consent signed by the beneficiaries as a confirmation of their agreement to that rectification.
6. This court also had an opportunity to see and hear all the beneficiaries herein confirming that position.
7. There being no disagreement the grant confirmed on 1st October, 2018 be and is hereby rectified as agreed.
8. This court commends the beneficiaries for cohesion in their family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Ms Achieng for Mr Chege for the Applicant.Beneficiaries.Ruto, Court Assistant