[2015] KEHC 84 (KLR)
The court found that the application for rectification and reissuance of the grant of letters of administration was justified due to the deaths of two administrators and a beneficiary. All beneficiaries had consented to the changes, including the replacement of the deceased beneficiary's share. The application was...
Source-derived case information.
- Citation
- [2015] KEHC 84 (KLR)
- Parties
- Applicant: John Ruchiri Githinji; Applicant: Joseph Kibiku Githinji; Applicant: Henry Kamau Githinji; Applicant: Paul Kibiku Githinji; Respondent: Francis Kariba 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 and Reissuance of Grant of Letters of Administration
- Outcome
- application granted
- Judges
- REA Ougo
- Legal Topics
- Succession, Grant of Letters of Administration, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ruchiri Githinji
Applicant
Joseph Kibiku Githinji
Applicant
Henry Kamau Githinji
Applicant
Paul Kibiku Githinji
Applicant
Francis Kariba Githinji
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification and Reissuance of Grant of Letters of Administration
Legal Issues
- 1 Whether the grant of letters of administration should be rectified and reissued to the surviving administrators.
- 2 Whether the surviving administrators should be allowed to complete the distribution of the estate as per the beneficiaries' consent.
- 3 Whether the redistribution of the estate as per the affidavit is proper.
Ratio Decidendi
The court found that the application for rectification and reissuance of the grant of letters of administration was justified due to the deaths of two administrators and a beneficiary. All beneficiaries had consented to the changes, including the replacement of the deceased beneficiary's share. The application was unopposed, and the supporting affidavit provided sufficient grounds. The court held that rectification would enable the surviving administrators to complete the distribution of the estate in accordance with the beneficiaries' agreement and the law. Accordingly, the court granted the orders sought, allowing the rectification and reissuance of the grant and authorizing the...
Court Disposition
application granted
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
20 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 this Court 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 the two 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 in it he explains the reasons behind the said application.
All the beneficiaries were served and consented . There is a consent dated the 30/7/14 signed by the Beneficiaries’ named that they have consented to replace Francis Kariba Githinji. There is also the consent filed by the children of Francis Kariba Githinji consenting to Moses Waithaka Kariba , Shadrack Githinji Kariba and Grace Wambua Kariba to replace their late father plus there is also a consent by Virginia Wachuka Githinji that the share of 0. 500 acres in the state of Shadrack Githinji 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 applicant has sworn a detailed affidavit that has not been opposed . I accept the reasons for once the rectification order is granted the administrators be enabled to administer and distribute the estate as agreed by all the beneficiaries . 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 administrators John Ruchiri Githinji 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:
……………..……....…….FOR THE APPLICANTS
MAKORI COURT CLERK