[2010] KEHC 3931 (KLR)
The court found that the applicant, as the surviving child of the deceased, was a proper person to be substituted as administrator following the death of the original administrator. The court also found it appropriate to include the children of the deceased administrator as beneficiaries in place of their deceased...
Source-derived case information.
- Citation
- [2010] KEHC 3931 (KLR)
- Parties
- Applicant: Annah Wanjiru Kanene; Respondent: Julliette Wairimu Ndungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2210 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed in terms of prayers 1 and 2.
- Legal Topics
- Rectification of Grant, Substitution of Administrator, Succession, Beneficiaries List
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Wanjiru Kanene
Applicant
Julliette Wairimu Ndungu
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to substitute the deceased administrator with the applicant.
- 2 Whether the names of the children of the deceased administrator should be included as beneficiaries in place of the deceased administrator.
Ratio Decidendi
The court found that the applicant, as the surviving child of the deceased, was a proper person to be substituted as administrator following the death of the original administrator. The court also found it appropriate to include the children of the deceased administrator as beneficiaries in place of their deceased mother. The court granted the substitution of the administrator and allowed the inclusion of the new beneficiaries, clarifying that the latter should be reflected in the supporting documents rather than the rectified grant itself.
Court Disposition
Application for rectification of grant allowed in terms of prayers 1 and 2.
Orders
- The grant of letters of administration is rectified to substitute Annah Wanjiru Kanene as administrator in place of Julliette Wairimu Ndungu.
- The names Peter Ngethe Ndungu, James Kanene Ndungu, and Patrick Kamangu Ndungu are to be included in the list of beneficiaries in the documents to be filed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 2210 of 2004
IN THE ESTATE OF NATHAN KANENE GICHARU (DECEASED)
RULING
Before me is a summons for rectification of a grant dated 23rd March, 2009 filed by M/s. Muhuhu & Company advocates on behalf of the applicant ANNAH WANJIRU KANENE a beneficiary. The orders sought are as follows:-
1. The Grant of letters of Administration issued to JULLIETTE WAIRIMU NDUNGUin this matter on 20th September, 2004 be rectified to read the names of ANNAH WANJIRU KANENE as the administrator.
2. The names PETER NGETHE NDUNGU, JAMES KANENE NDUNGU and PATRICK KAMANGU NDUNGU be included in the list of beneficiaries in the place of JULLIETTE WAIRIMU NDUNGU.
3. Such further or other orders be granted as the court may deem fit and just.
4. Costs of the application be in the cause.
The application has grounds on the face of the summons. The main grounds being that the administrator died on 21st October, 2008, and that there is need to replace the children as beneficiaries in the place of the deceased mother (administrator).
The application was filed with a supporting affidavit sworn by the applicant and filed on 11th June, 2009.
Having considered the application and documents filed, I find that the applicant is the surviving child of the deceased. The other children mentioned, are the surviving children of the deceased administrator, I find that this is a proper case for substitution of the administrator, who is now deceased as prayed. I grant prayer 1 of the application.
Prayer 2 is also granted. However, this cannot be included in the rectified grant of letters of administration, but in the lists of beneficiaries in the documents to be filed.
It is so ordered as above.
Costs will be in the cause.
Dated and delivered at Nairobi this 20th day of January, 2010.
George Dulu
Judge