[2016] KEHC 2527 (KLR)
The court found that the application for rectification of grant was merited, as the petitioners had identified valid anomalies in the confirmed grant regarding the deceased's assets. There was no opposition to the application, and the reasons provided for rectification were deemed sufficient and justified. The court...
Source-derived case information.
- Citation
- [2016] KEHC 2527 (KLR)
- Parties
- Applicant: Grace Mbulwa Mutua; Applicant: Anna Nthambi Mutua; Applicant: Mary Wanjiru Mutua; Applicant: Rose Nthenya Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 428 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Distribution of Estate, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Mbulwa Mutua
Applicant
Anna Nthambi Mutua
Applicant
Mary Wanjiru Mutua
Applicant
Rose Nthenya Mutua
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to correct anomalies in the list of assets and their distribution.
- 2 Whether the expunging, inclusion, and registration of specific assets as prayed is justified.
Ratio Decidendi
The court found that the application for rectification of grant was merited, as the petitioners had identified valid anomalies in the confirmed grant regarding the deceased's assets. There was no opposition to the application, and the reasons provided for rectification were deemed sufficient and justified. The court exercised its discretion under the Law of Succession Act to rectify the grant by expunging the erroneously included parcel of land, ordering the registration of the motor vehicle in the name of the specified beneficiary, and including the omitted shares to be registered jointly in the names of the administratrices. The rectification ensures that the distribution of the estate...
Court Disposition
Application for rectification of grant allowed.
Orders
- The parcel of land known as KAMPI YA MOTO/MENENGAI/BLOCK 1/83 is expunged from the list of deceased’s assets.
- Motor vehicle Reg. No. KYY 339 is to be registered in the name of Peter Kitivo Mutua.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 428 OF 2006
IN THE MATTER OF THE ESTATE OF THE LATE SAMUEL MUTUA
MULI (DECEASED)
GRACE MBULWA MUTUA )
ANNA NTHAMBI MUTUA )
MARY WANJIRU MUTUA )
ROSE NTHENYA MUTUA )…………PETITIONERS
RULING OF THE COURT
1. Before the court is summons for Rectification of Grant dated 1st October, 2012 and filed herein on 30th January, 2013. The application seeks to secure the following orders:
(a) The parcel of land known as KAMPI YA MOTO/MENENGAI/BLOCK 1/83 be expunged from the list of deceased’s assets.
(b) Motor vehicle Reg. No. KYY 339 shown in the list of the deceased’s assets be ordered registrable in the name of PETER KITIVO MUTUA.
(c) The shares set out in paragraph 5 of the Affidavit of Ann Nthambi Mutua in support of this application be included in the deceased’s list of assets and ordered registrable in the names of the administratixes, jointly.
2. The application is supported by affidavit of ANNA NTHAMBI MUTUA sworn on 1st October, 2012. She is also one of the Petitioners herein. The grant herein was confirmed on 20th July, 2009. Soon thereafter the Petitioners realised the anomalies leading to the need to rectify the grant as proposed.
3. The application is not opposed. I have carefully considered it and the reasons given for rectification seem to be valid. I have no reason to deny the request. I allow me application and rectify the grant and distribute the assets as prayed.
Orders accordingly.
Read, Delivered and Dated this 28th Day of SEPTEMBER 2016
E.K. OGOLA
JUDGE