[2018] KEHC 7756 (KLR)
The court found that the applicants, as administrators of the estate, had identified additional assets that were omitted from the original certificate of confirmation of grant due to missing land reference numbers. The court held that it is fair and just to rectify the grant to include these assets, ensuring that...
Source-derived case information.
- Citation
- [2018] KEHC 7756 (KLR)
- Parties
- Applicant: Patricia Munanye Kithome; Applicant: Alice Sylvia Kithome
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 10 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Identification of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patricia Munanye Kithome
Applicant
Alice Sylvia Kithome
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include additional assets identified after the initial confirmation.
- 2 Whether the newly identified assets should be distributed equally among all beneficiaries.
Ratio Decidendi
The court found that the applicants, as administrators of the estate, had identified additional assets that were omitted from the original certificate of confirmation of grant due to missing land reference numbers. The court held that it is fair and just to rectify the grant to include these assets, ensuring that the entire estate is properly administered and distributed among all beneficiaries. The urgency was underscored by the risk of third-party alienation of the properties. The application was therefore allowed, and the certificate of grant was ordered to be rectified to include the specified assets, to be distributed equally among the beneficiaries.
Court Disposition
application allowed
Orders
- The certificate of grant issued on 12th June, 2013 shall be rectified to include the specified assets.
- The newly included assets shall be distributed in equal shares among all beneficiaries.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
SUCCESSION CAUSE NO. 10 OF 2017
IN THE MATTER OF THE ESTATE OFJOEL KITHOME MUSUNZA(DECEASED)
PATRICIA MUNANYE KITHOME
ALICE SYLVIA KITHOME.……...............................APPLICANTS
R U L I N G
1. Joel Kithome Musunza(Deceased) died domiciled in Kenya on the 18th October, 2011. A grant of representation to his Estate was issued to Patricia Munanye Kithomeand Alice Sylvia Kithome.The Estate was subsequently distributed. All assets were shared equally amongst the beneficiaries.
2. On 8th June, 2017,the Administratix of the Estate approached this Court by way of general summons pursuant to the provisions of Section 74of the Law of Succession Actand Rule 43of the Probate & Administration Rulesseeking to have the certificate of confirmation of the grant issued rectified to include the following properties:
(a) Mwingi/Mwingi/104.
(b) Mwingi/Mwingi/598.
(c) Mwingi/Mwingi/600.
(d) Mwingi/Mwingi/1392.
(e) Mwingi/Mwingi/5113.
(f) Mwingi/Mwingi/5625.
(g) Kyuso/Kyuso“A”/48.
(h) L.R. No. 23357.
(i) Bank Account No. [Particulars Withheld] Kenya Commercial Bank Ltd.
(j) Bank Account No. [Particulars Withheld] Equity Bank Ltd.
(k) Shares in Safaricom Ltd (Share A/c No. [Particulars Withheld].
And that the same be distributed in equal shares among beneficiaries.
3. The application is premised on grounds that:
a) Subsequent to the issuance of the Certificate of Confirmation of Grant, the legal representatives of the Estate of the Deceased have been able to identify and access the title documents to the properties that were disclosed in Certificate of Confirmation of Grant but whose land reference numbers were missing.
b) In order to be able to administer the entire Estate of the Deceased, it is only fair and just that all the assets be included in the Grant.
c) Third parties have attempted to alienate some of the properties and hence the urgency of the matter.
4. The application is supported by an affidavit deponed by the 1st Administratix and wife to the Deceased.
5. I have considered the application and also seen the Title Documents to land Title Number:
Mwingi/Mwingi/104
Mwingi/Mwingi/598
Mwingi/Mwingi/600
Mwingi/Mwingi/5113
Mwingi/Mwingi/5625
Kyuso/Kyuso/‘A’/48
L.R. No. 23357.
Bank Account No. [Particulars Withheld] Kenya Commercial Bank Ltd.
Bank Account No. [Particulars Withheld] Equity Bank Ltd.
Shares in Safaricom Ltd (Share A/c No. [Particulars Withheld].
6. In the result I allow the application as prayed. The certificate of Grant issued on the 12th June, 2013shall be rectified to include the aforestated assets and they shall be distributed in equal shares among all the beneficiaries.
7. It is so ordered.
Dated, Signedand Deliveredat Kituithis 20thday of February, 2018.
L. N. MUTENDE
JUDGE