[2024] KEHC 9129 (KLR)
The court found that all beneficiaries were in agreement with the proposed rectification of the grant, and there was no evidence of any dispute or objection. In such circumstances, the court is empowered under section 74 of the Law of Succession Act to rectify the grant as prayed. The court commended the family for...
Source-derived case information.
- Citation
- [2024] KEHC 9129 (KLR)
- Parties
- Applicant: Joyce Njeri Maina; Applicant: Teresia Wambui Waringu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 220 of 2010
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Rectification of Grant
- Outcome
- grant rectified as prayed
- Judges
- PN Gichohi
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Njeri Maina
Applicant
Teresia Wambui Waringu
Applicant
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified as per the agreed mode of distribution among the beneficiaries.
Ratio Decidendi
The court found that all beneficiaries were in agreement with the proposed rectification of the grant, and there was no evidence of any dispute or objection. In such circumstances, the court is empowered under section 74 of the Law of Succession Act to rectify the grant as prayed. The court commended the family for their cohesion and cooperation, and proceeded to allow the application for rectification of the grant in accordance with the agreed mode of distribution.
Court Disposition
grant rectified as prayed
Orders
- The grant of representation is rectified in accordance with the agreed mode of distribution as set out in the Notice of Motion dated 17/5/2024.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of the Late Waringu Kuria Waringu (Deceased) (Succession Cause 220 of 2010) [2024] KEHC 9129 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9129 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 220 of 2010
PN Gichohi, J
July 22, 2024
In the matter of
Joyce Njeri Maina
1st Petitioner
Teresia Wambui Waringu
2nd Petitioner
Ruling
1. The court has considered the Notice of Motion dated 17/5/2024 and Affidavit in Support showing the agreed mode of distribution. It is apparent that despite that a few beneficiaries are absent, they are all in agreement about the rectification.
2. There being no disagreement the grant is rectified as prayed.
3. The beneficiaries are commended for cohesion in the family as they have demonstrated.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 22ND DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Ngure for Administrators/Applicants.Beneficiaries.Ruto, Court Assistant