[2015] KEHC 5556 (KLR)
The court found that two of the original administrators had died, and the applicants had provided sufficient evidence, including death certificates and consents from all beneficiaries, to justify rectification of the grant. There was no opposition to the application, and the beneficiaries had agreed to the...
Source-derived case information.
- Citation
- [2015] KEHC 5556 (KLR)
- Parties
- Applicant: John Ruchiri Githinji; Applicant: Joseph Kibiku Githinji; Applicant: Henry Kamau Githinji; Applicant: Paul Kibiku Githinji; Respondent: Francis Kariba Githinji; Respondent: Moses Waithaka Kariba; Respondent: Shadrack Githinji Kariba; Respondent: Gracn Wambua Kariba; Respondent: Virginia Wachuka Githinji; Respondent: Fredrick Gathungu Meta; Respondent: Faith Waithira Githinji
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2795 of 1995
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- REA Ougo
- Legal Topics
- Succession, Rectification of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Ruchiri Githinji
Applicant
Joseph Kibiku Githinji
Applicant
Henry Kamau Githinji
Applicant
Paul Kibiku Githinji
Applicant
Francis Kariba Githinji
Respondent
Moses Waithaka Kariba
Respondent
Shadrack Githinji Kariba
Respondent
Gracn Wambua Kariba
Respondent
Virginia Wachuka Githinji
Respondent
Fredrick Gathungu Meta
Respondent
Faith Waithira Githinji
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified and reissued to the surviving administrators.
- 2 Whether the remaining administrators should be allowed to complete the distribution of the estate.
- 3 Whether the redistribution of the estate should be as per the affidavit dated 30/7/14.
Ratio Decidendi
The court found that two of the original administrators had died, and the applicants had provided sufficient evidence, including death certificates and consents from all beneficiaries, to justify rectification of the grant. There was no opposition to the application, and the beneficiaries had agreed to the redistribution of the estate and replacement of deceased beneficiaries. The court held that rectification of the grant was necessary to enable the surviving administrators to complete the administration and distribution of the estate in accordance with the wishes of the beneficiaries as set out in the supporting affidavit. The orders were granted as sought, allowing the surviving...
Court Disposition
application for rectification of grant allowed
Orders
- The grant of letters of administration issued on 13/2/96 is rectified and reissued to John Ruchiri Githinji and Henry Kamau Githinji.
- The two remaining administrators are allowed to complete the distribution of the estate.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 2795 OF 1995
IN THE MATTER OF LATE SHADRACK GITHINJI KIBIKU (DECEASED)
RULING
Before me is an application for the grant of letters of Administration issued to John Ruchiri Githinji, Joseph Kibiku Githinji, Henry Kamau Githinji and Paul Kibiku Githinji in this matter on the 13th February 1996 be rectified and or re issued to John Ruchiri Githinji and henry kamau Githinji. The applicants also seek that no remaining administrator John Ruchiri Githinji and Henry Githinji, be allowed to complete the distribution of the estate. The application is supported by the grounds on the face of the application together with the supporting affidavit of John Ruchiri Githinji then explains the reasons behind the said application.
All the beneficiaries were served. There is a consent dated the 30/7/14 signed by the Beneficiaries’ named that they have consented to replace Francis Kariba Githinji consenting to Moses Waithaka Kariba , Shadrack Githinji Kariba and Gracn Wambua Kariba to replace the late father plus there is also a consent by Virginia Wachuka Githinji that the share of 0. 500 acres in the state of Shadrack Githini Kabira shall be taken by Fredrick Gathungu Meta There is also the consent of Faith Waithira Githinji. That her share of 0. 471 acres.
It is evident that the 2 administrators Joseph Kabira Githinji and Paul Kabira Githinji passed away on the 3/2/14 and 9/11/12 respectively, and that a beneficiary to the estate Francis Kariba Githinji too passed away on the 31/4/10. The death certificates have been attended.
The applicants have shown a detailed affidavit that has not been opposed on the need for rectification. I accept the reasons as once the rectification is done the parties will have what they desire done. I therefore grant the following orders.
1. That the grant of letters of administration issued to John Ruchiri Githinji, Joseph Kibiku Githinji, henry Kamau Githinji and Paul Kibiku Githinji in the matter on the 13/2/96 shall be rectified and reissued to John Ruchiri Githinji and Henry kamau Githinji.
2. The 2 remaining adminstrators John Ruchiri Githiji and Henry kamau Githinji are allowed to complete the distribution of the estate.
3. The estate shall be redistributed as deponed at paragraph 17 of the affidavit of the application dated the 30/7/14.
Costs shall be in the cause.
Dated, signed and delivered this 6th Day of February 2015
R. E OUGO
JUDGE
In the presence of: