[2017] KEHC 8744 (KLR)
The court found that the applicant had demonstrated errors in the confirmed grant regarding the name of the deceased, property descriptions, and the allocation of shares among the beneficiaries. The documentary evidence supported the need for rectification. The court granted the prayers for rectification as sought,...
Source-derived case information.
- Citation
- [2017] KEHC 8744 (KLR)
- Parties
- Applicant: Samuel Wangai Gituku; Respondent: Paul Njuguna Gituku; Respondent: Joseph Mugo Gituku; Respondent: Benson Ng’ang’a Gituku; Respondent: Bedan Ngene Gituku; Respondent: Sophia Wanjiku Kabeu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2182 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed in part; costs not awarded from estate
- Judges
- BA Mitullah
- 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
Samuel Wangai Gituku
Applicant
Paul Njuguna Gituku
Respondent
Joseph Mugo Gituku
Respondent
Benson Ng’ang’a Gituku
Respondent
Bedan Ngene Gituku
Respondent
Sophia Wanjiku Kabeu
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant of letters of administration should be rectified to correct the name of the deceased.
- 2 Whether the property descriptions in the grant should be corrected to reflect the accurate titles.
- 3 Whether the shares of the property Githunguri/Ikinu/619 should be rectified to allocate 0.0486 hectares to each of the six named beneficiaries.
Ratio Decidendi
The court found that the applicant had demonstrated errors in the confirmed grant regarding the name of the deceased, property descriptions, and the allocation of shares among the beneficiaries. The documentary evidence supported the need for rectification. The court granted the prayers for rectification as sought, correcting the name of the deceased, the property title to T.440, and the allocation of 0.0486 hectares each to the six beneficiaries for Githunguri/Ikinu/619. However, the court declined to order that the costs of the application be paid from the estate, noting that the errors were repeated in the documents filed and there was no sufficient explanation for the estate to bear...
Court Disposition
application for rectification of grant allowed in part; costs not awarded from estate
Orders
- The name of the deceased in the grant is rectified to read 'In the Matter of the Estate of Wilson Gituku Wangai also known as Wilson Gituku also known as Willison Gituku Wangai'.
- The property description is corrected to 'Githunguri/Kiairia/T.440' instead of 'Githunguri/Kiaria/T.44'.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 2182 OF 2015
IN THE MATTER OF THE ESTATE OF WILSON GITUKU WANGAI ALIAS WILSON GITUKU ALIAS WILLISON GITUKU WANGAI (DECEASED)
RULING
1. The Application for summons for Rectification of Grant filed on 9th December 2016 it seeks orders that:
i. THATthe Confirmed Grant of Letters of Administration issued on 25th November 2016 be RECTIFIED as shown on the Supporting Affidavit of SAMUEL WANGAI GITUKU filed in support of Application.
ii. THAT the costs of this Application be paid from the Estate.
2. The Application is supported by the Affidavit of Samuel Wangai Gituku sworn on 8th December 2016. Mr. Gituku is one of the Administrators of the Estate of Wilson Gituku Wangai.The Application seeks rectification of various aspects of the Grant and Confirmation. They are:
a. The name of the deceased. It is said, ‘It should read “In the Matter of the Estate of Wilson Gituku Wangai also known as Wilson Gituku also known as Willison Gituku Wangai”.
b. That the property should read as “Githunguri/Kiairia/T.440 and not Githunguri/Kiaria/T.44.
c. That the property Githunguri/Ikinu/619 should be shared amongst beneficiaries “1 – 6” in the confirmed grant. Each to receive 0. 0486 of the said land as set of in the consent. The first exhibit shows that the Land Title names the property in Githunguri as Githunguri/Kiairia/T.440 as registered in the name of the deceased expressed as “Wilson Gituku Wangai”. It amounts to 0. 20 Acres. The second Exhibit is a Land Certificate issued by Kiambu District. It is Title No. Githunguri/Githiga/492 and is registered in the name of Willison Gituku Wangai. The third Title for Githunguri/Ikinu 619 is registered in the name of “Wilson Gituku”. Unfortunately that document does not read the size of the land. However, it appears from Exhibits to the Affidavit in support of the confirmation of grant to amount to 0. 349 hectares.
d. The shares should be 0. 0486 hectares in the co-named beneficiaries namely:
i. Paul Njuguna Gituku
ii. Joseph Mugo Gituku
iii. Benson Ng’ang’a Gituku
iv. Bedan Ngene Gituku
v. Samuel Wangai Gituku
vi. Sophia Wanjiku Kabeu
3. Having heard the Submissions in Court and considered the documents filed and appearing on the Court file. The Court makes the following orders:-
1. Change of names – Prayer granted
2. Correction in Title to T.440 – Prayer granted
3. Correction in shares of Ikinu/619 to be 0. 486 for beneficiaries 1 – 6 – prayer granted
4. On the question of costs, it is noted that the areas that required rectification are repeated on various occasions in the documents filed. In the circumstances there is no basis on which the estate should bear the costs of rectification put forward and not explained in the circumstances that prayer for costs is dismissed.
Order accordingly
FARAH S. M. AMIN
JUDGE
SIGNED AND DATED at NAIROBI this 21STday of MARCH, 2017.
In the Presence of
Mr Githinji (Clerk) for the Administrator