[2025] KEHC 1712 (KLR)
The court found that the explanations for the absence of two beneficiaries were satisfactory: one beneficiary was deceased, and the other was unable to attend due to circumstances beyond his control. There was no disagreement among the remaining beneficiaries regarding the proposed rectification. The court,...
Source-derived case information.
- Citation
- [2025] KEHC 1712 (KLR)
- Parties
- Applicant: Godwin Mburu Wairobi; Beneficiary: Michael Njoroge Njuri; Beneficiary: Simon Gitau Njuri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 605 of 2014
- Procedural Posture
- Succession Cause / Ruling on Rectification of Grant
- Outcome
- grant rectified
- 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
Godwin Mburu Wairobi
Applicant
Michael Njoroge Njuri
Beneficiary
Simon Gitau Njuri
Beneficiary
Procedural Posture
Succession Cause / Ruling on Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to reflect the correct beneficiaries and property distribution.
- 2 Whether the absence of certain beneficiaries affects the rectification process.
Ratio Decidendi
The court found that the explanations for the absence of two beneficiaries were satisfactory: one beneficiary was deceased, and the other was unable to attend due to circumstances beyond his control. There was no disagreement among the remaining beneficiaries regarding the proposed rectification. The court, therefore, exercised its discretion under Section 74 of the Law of Succession Act to rectify the grant, specifically to transfer the property Komothai/Kibichoi/1098 to Michael Njoroge Njuri and Simon Gitau Njuri. The court commended the parties for their cohesion and cooperation in the matter, facilitating an amicable resolution.
Court Disposition
grant rectified
Orders
- The property known as Komothai/Kibichoi/1098 be and is hereby transferred to Michael Njoroge Njuri and Simon Gitau Njuri.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of the Late Wanyoike Munyoroku Kibe (Deceased) (Succession Cause 605 of 2014) [2025] KEHC 1712 (KLR) (24 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1712 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 605 of 2014
PN Gichohi, J
February 24, 2025
IN THE MATTER OF THE ESTATE OF THE LATE WANYOIKE MUNYOROKU KIBE (DECEASED)
In the matter of
Godwin Mburu Wairobi
Applicant
Ruling
1. The matter was coming today for rectification of grant issued herein 3/3/2016.
2. The reasons for absence of two beneficiaries is explained.
3. There being a burial permit No. xxxxx dated 14/9/2021 in regard to Mary Wanjiru Wairobi who is said to be the mother of the other beneficiaries, her absence is noted.
4. The other beneficiaries is said to have got stranded and lost his way to court.
5. Having looked at the summons herein, and there being no disagreement, the grant is rectified to the extent that:-1. The property known as Komothai/Kibichoi/1098 be and is hereby transferred to Michael Njoroge Njuri and Simon Gitau Njuri.
6. The parties herein are commended for cohesion in the family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 24TH DAY OF FEBRUARY, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kamau for the Petitioner & BeneficiariesRuto, Court Assistant