[2013] KEHC 1932 (KLR)
The court found that the omission of Plot Number 7785/430 from the original confirmation of grant was established and that it was just and equitable to include the asset in the estate. The court further determined that the asset should be shared equally among the three sons of the deceased, namely James Chege Kamau,...
Source-derived case information.
- Citation
- [2013] KEHC 1932 (KLR)
- Parties
- Applicant: James Chege Kamau; Applicant: Joseph Thuo Kamau; Applicant: George Biruri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 269 of 1991
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Confirmation Orders
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Grant Confirmation, Omitted Assets, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Chege Kamau
Applicant
Joseph Thuo Kamau
Applicant
George Biruri
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Review of Confirmation Orders
Legal Issues
- 1 Whether the grant of confirmation orders should be reviewed to include an omitted asset.
- 2 Whether the name of the deceased should be amended to include an alias.
Ratio Decidendi
The court found that the omission of Plot Number 7785/430 from the original confirmation of grant was established and that it was just and equitable to include the asset in the estate. The court further determined that the asset should be shared equally among the three sons of the deceased, namely James Chege Kamau, Joseph Thuo Kamau, and George Biruri. Additionally, the court held that the deceased's name should be amended to include the alias 'Wanjiru Chege' to accurately reflect her identity. The orders were made to ensure the proper administration and distribution of the estate in accordance with the law and the interests of all beneficiaries.
Court Disposition
application allowed
Orders
- The confirmation orders made on 21st July 1992 are reviewed to include Plot Number 7785/430 (certificate Number 51723) as an asset to be shared equally between James Chege Kamau, Joseph Thuo Kamau, and George Biruri.
- The name of the deceased in the grant and certificate shall be amended to add the alias 'Wanjiru Chege'.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 269 OF 1991
IN THE ESTATE OF ELIZABETH WANJIRU CHEGE – (DECEASED)
RULING
Application dated 8th May 2013 seeks that the grant of confirmation orders made on 31st July 1992 be reviewed to accomondate an asset that had been omitted. Thereafter it is proposed that the said asset be shared out equally between the three sons of the deceased.
There is also the prayer that the name of the deceased should include Wanjiru Chege as an “alias”.
The prayer sought are plausible and I hereby make the following orders:-
1. That the confirmation orders made on 21st July 1992
are hereby reviewed so that Plot Number 7785/430 (certificate Number 51723) is included in the assets and shared out equally between James Chege Kamau, Joseph Thuo Kamau and George Biruri.
2. The name of the deceased as appearing in the grant and the certificate should be added the alias “Wanjiru Chege”.
3. That an amended grant of letters of administration intestate and an amended certificate of confirmation of grant shall issue accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 10th DAY Of October, 2013.
W. M. MUSYOKA
JUDGE