[2024] KEHC 7088 (KLR)
The court declined the application for rectification and substitution of the deceased administrator because the applicant failed to provide search certificates for all the estate assets as directed. The only search certificate filed related to an asset registered in the name of a third party whose relationship to...
Source-derived case information.
- Citation
- [2024] KEHC 7088 (KLR)
- Parties
- Applicant: Eric Kirimi Bundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 104 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification and Substitution of Deceased Administrator
- Outcome
- application declined
- Judges
- TW Cherere
- Legal Topics
- Succession, Grant Rectification, Administrator Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Kirimi Bundi
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification and Substitution of Deceased Administrator
Legal Issues
- 1 Whether the court should grant rectification of the confirmed grant to substitute the deceased administrator.
- 2 Whether the applicant has provided sufficient evidence regarding the status of the estate assets.
Ratio Decidendi
The court declined the application for rectification and substitution of the deceased administrator because the applicant failed to provide search certificates for all the estate assets as directed. The only search certificate filed related to an asset registered in the name of a third party whose relationship to the estate was unexplained. Without evidence that the estate assets remain intact and available for administration, the court found the application incapable of being granted. The applicant did not meet the evidentiary threshold required for rectification or substitution under the Law of Succession Act.
Court Disposition
application declined
Orders
- The summons dated 7th December 2023 seeking rectification of the grant issued on 4th December 2012 is declined.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Zakayo M’Ituuru M’Ibaya alias Zakayo Ibaya alias Ituru Ibaya alias Ibaya Kaugo alias Zakayo Ituru (Deceased) (Succession Cause 104 of 2001) [2024] KEHC 7088 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7088 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 104 of 2001
TW Cherere, J
June 6, 2024
IN THE MATTER OF THE ESTATE OF ZAKAYO M’ITUURU M’IBAYA alias ZAKAYO IBAYA alias ITURU IBAYA alias IBAYA KAUGO alias ZAKAYO ITURU (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION AND SUBSTITUTION OF DECEASED ADMINISTRATOR
In the matter of
Eric Kirimi Bundi
Applicant
Ruling
1. Grant of Letters of Administration in this matter was granted to Peter Bundi M’ Tuuru on 25th February, 2003.
2. The Certificate of Confirmation of Grant in which the estate of the deceased was distributed was issued on 03rd June, 2008 and was subsequently amended on 04th December, 2012.
3. Peter Bundi M’ Tuuru (Deceased/Administrator) was Certificate of Confirnation dated 04th December, 2012 given a share of LR. Nyaki/Giaki/173, Kangeta Market Plot 30 and LR. Nyaki/Munithu/64.
4. Evidence in the form of a certificate of death demonstrates that Peter Bundi M’ Tuuru (Administrator) died on 24th March, 2019.
5. In order to satisfy myself that the estate of the deceased is still intact the grant having been confirmed 16 years ago, amended 12 years ago and Administrator having died 5 years ago, I directed on 04th March, 2024 that the Applicant files search certificates of all assets of the deceased.
6. The search certificate for LR. Nyaki/Giaki/173 and LR. Nyaki/Munithu/64 were not filed. Search certificate for Kangeta/Kangeta/30 reveals that is registered in the name of Gakuna Muthuri whose relationship to this estate has not been explained.
7. In the light of these circumstances, the summons dated 07th December, 2023 seeking rectification of the grant issued on 04th December, 2012 is incapable of being granted and it is declined.
DELIVERED AT MERU THIS 06TH DAY OF JUNE 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Petitioner/Applicant -Ms. Murugi for Meenye & Kirima Advocates