[2025] KEHC 7450 (KLR)
The court found that the applicant had demonstrated, through documentary evidence, that the two assets—land parcel Kiambogo/Kiambogo Block 2/16103 (Mwariki) and account number 0274xxxxxx at Barclays/Absa Bank—were part of the deceased's estate but were omitted from the list of assets at the time of confirmation of...
Source-derived case information.
- Citation
- [2025] KEHC 7450 (KLR)
- Parties
- Applicant: Joseph Mbugua Wanjie; Respondent: John Wanjie Mbugua; Respondent: Dorcas Wanjie Mbugua
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 541 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- HI Ong'udi
- Legal Topics
- Rectification of Grant, Administration of Estates, Confirmation of Grant, Distribution of Estate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mbugua Wanjie
Applicant
John Wanjie Mbugua
Respondent
Dorcas Wanjie Mbugua
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include omitted assets of the deceased's estate.
- 2 Whether the applicant is entitled to have the omitted assets vested in his name as administrator.
Ratio Decidendi
The court found that the applicant had demonstrated, through documentary evidence, that the two assets—land parcel Kiambogo/Kiambogo Block 2/16103 (Mwariki) and account number 0274xxxxxx at Barclays/Absa Bank—were part of the deceased's estate but were omitted from the list of assets at the time of confirmation of the grant. The court further noted that the other beneficiaries had filed a consent to the rectification and to the vesting of the assets in the applicant's name. There being no objection and the requirements of the Law of Succession Act having been met, the court allowed the application for rectification and ordered the amendment of the certificate of confirmation of grant to...
Court Disposition
application allowed
Orders
- Parcel of land Kiambogo/Kiambogo Block 2/16103 (Mwariki) to form part of the deceased’s estate.
- Funds in account number 0274xxxxxx Barclays Bank now Absa Bank to form part of the deceased’s estate.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of the Late Zipporah Njeri Njuguna alias Zipporah Njeri Njuguna alias Zippora Njeri Njuguna (Deceased) (Succession Cause 541 of 2013) [2025] KEHC 7450 (KLR) (28 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7450 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 541 of 2013
HI Ong'udi, J
May 28, 2025
IN THE MATTER OF THE ESTATE OF THE LATE ZIPORAH NJERI NJUGUNA ALIAS ZIPPORAH NJERI NJUGUNA ALIAS ZIPPORA NJERI NJUGUNA (DECEASED)
In the matter of
Joseph Mbugua Wanjie
Applicant
Ruling
1. Joseph Mbugua Wanjie the administrator of the deceased’s estate filed the chamber summons dated 30th April 2025 seeking the following orders:1. Spent.2. That the honourable court be pleased to amend/rectify the grant to include the deceased’s parcel Kiambogo/Kiambogo Block 2/16103 (Mwariki) and account number 0274xxxxxx Barclays Bank now Absa Bank.3. That cost of this application be in the cause.
2. The same is supported by the grounds on its face and the applicant’s supporting affidavit sworn on 30th April 2025. The main ground for this application is that the two mentioned items were not included in the list of assets when the grant was confirmed on 22nd July, 2015.
3. The annexed copy of the title deed in respect of the land Kiambogo/Kiambogo Block 2/16108 (Mwariki) – JMWI shows that the land was registered in the names of Zipporah Njeri Njuguna on 5th December 2007. The same has never been transferred to any other person and/or entity.
4. Further, the applicant has annexed a copy of the Barclays bank now Absa bank card for Zipporah Mbugua (deceased) in respect of A/C No. 0274xxxxxx (JMWII). To buttress that, is a letter from Absa bank dated 4th April 2025 (JMWIII) addressed to the deceased indicating that the mentioned account has over Kshs.5,000/= which is due to be released to the Unclaimed Financial Assets Authority (UFAA) if the same shall not have been claimed by 30th September 2025.
5. A consent was filed on 14th May 2025 by John Wanjie Mbugua and Dorcas Wanjie Mbugua who are a son and daughter to the deceased and the Applicant. The two have no objection to the rectification or amendment to the said certificate of confirmation of grant. They also consent to the two assets being in the names of the applicant Joseph Mbugua Wanjie.
6. Upon perusal and consideration of the above, I find that the application dated 30th April 2025 has merit, and I allow it.It follows that:i.Parcel of land Kiambogo/Kiambogo Block 2/16103 (MWARIKI) to form part of the deceased’s estate.ii.Funds in A/C No. 0274xxxxxx Barclays Bank now Absa Bank to form part of the deceased’s estate.iii.Assets in (i) & (ii) to be invested in the applicantiv.The certificate of confirmation of grant issued on 22nd July 2015 to be amended accordingly.
7. Orders accordingly.
Delivered, virtually, dated and signed this 28thday of May 2025 in open court at Nakuru.H. I. ONG’UDIJUDGE2 | Page