[2010] KEHC 4061 (KLR)
The court found that the applicant had demonstrated that certain assets belonging to the deceased were inadvertently left out of the original succession proceedings and, consequently, not distributed. The court was satisfied that the omission was not deliberate and that rectification of the certificate of...
Source-derived case information.
- Citation
- [2010] KEHC 4061 (KLR)
- Parties
- Applicant: Annah Nyakihu Kiama; Petitioner: Isaac Rumen Kiama; Petitioner: Stephen Rumen Kiama; Petitioner: Geoffrey Rumen Kiama
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 1997
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Omitted Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Nyakihu Kiama
Applicant
Isaac Rumen Kiama
Petitioner
Stephen Rumen Kiama
Petitioner
Geoffrey Rumen Kiama
Petitioner
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include assets omitted from the original succession proceedings.
- 2 Whether the applicant has demonstrated sufficient grounds for rectification under the Probate and Administration rules.
Ratio Decidendi
The court found that the applicant had demonstrated that certain assets belonging to the deceased were inadvertently left out of the original succession proceedings and, consequently, not distributed. The court was satisfied that the omission was not deliberate and that rectification of the certificate of confirmation of grant was necessary to ensure all assets of the deceased were properly distributed among the beneficiaries. The application for rectification was therefore allowed as prayed, in accordance with Rule 43 of the Probate and Administration Rules.
Court Disposition
summons for rectification of grant allowed
Orders
- The certificate of confirmation of grant is rectified to include the omitted assets as proposed by the applicant.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 27 of 1997
ESTATE OF JOSEPH KIAMA RUMEN…………… DECEASED
AND
ANNAH NYAKIHU KIAMA
ISAAC RUMEN KIAMA
STEPHEN RUMEN KIAMA
GEOFFREY RUMEN KIAMA……………………. PETITIONERS RULING
Pursuant to rule 43 of the Probate and Administration rules, Ann Nyakihu Kiama, the applicant herein, took out a summons and applied for the grant to be rectified. She swore the affidavit she filed in support of the application.
In the supporting affidavit, Ann Nyakihu Kiama, avers that the grant was confirmed in her name and that of Margaret Njeri Kiama on 23rd April 2008. It is averred that it has since then occurred that some of the deceased’s assets were excluded from the succession proceeding hence they have not been distributed. The assets left out were listed as follow in paragraph 4 of her affidavit:
PLOTS
i. LAND IR 10119 LR. 2870/9 Term 99 years from 1. 1.1919
ii.LANDIR 10749 LR. 2870/6 Term 99 years from 1. 1.1919
iii.LANDIR 10750 LR. 2870/7 Term 99 years from 1. 1.1999
iv.LANDIR 10751 LR. 2870/8 Term 99 years from 1. 1.1919
v. LAND IR 10748 LR. 2870/5 Term 99 years from 1. 1.1919
a. LAIKIPIA/KALALU/5
b. NANYUKI/MARURA/4/4/KIMURI
c. PLOT NO. 28 NANYUKI MUNICIPALITY
d. PLOT NO. 2787/VII/5 BLOCK 10/107
e. LAIKIPIA/DAIGA/UMANDE BLOCK 111/4(MURAMATI)
BANK ACCOUNTS
a. Standard Chartered of Kenya Ltd.- Nanyuki – 01501-587856-00
b Kenya Commercial bank Ltd Nanyuki – 055-276 760 328
c. Barclays bank of Kenya Ltd. Nyeri - 7105756
d. Barclays Bank of Kenya Ltd. Nyeri - 7105764
e. Barclays Bank of Kenya Ltd. Nyeri - 8019888
SHARES
a. Mt. Kenya Bottlers share number - 2019545 – 2032043
844101 – 849933
275001 – 277500
b. Standard Chartered Bank Ltd. - 10959
c. Barclays Bank of Kenya Ltd. - 0009829
The applicant has also shown how the aforesaid property would be distributed in paragraph 6 of her affidavit.
After careful consideration of the application, I am convinced the certificate of confirmation of grant should be rectified as proposed. It would appear the property were left out from the succession proceedings inadvertently .
In the end I allow the summons for rectification of grant as prayed.
Dated and delivered this 13th day of January 2010.
J.K. SERGON
JUDGE
In open court in the presence of the petitioner.
J.K. SERGON
JUDGE