[2009] KEHC 706 (KLR)
The court found that the applicant had provided sufficient evidence, including the relevant share certificates, to demonstrate that the deceased owned additional assets not included in the original grant. The omission was not deliberate but due to lack of knowledge at the time of the initial application. The court...
Source-derived case information.
- Citation
- [2009] KEHC 706 (KLR)
- Parties
- Applicant: Grace Wanjiru Mwangi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 42 of 2001
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Succession, Rectification of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wanjiru Mwangi
Applicant
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 include additional assets discovered after confirmation of the grant.
- 2 Whether the applicant has provided sufficient evidence to warrant rectification of the grant.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence, including the relevant share certificates, to demonstrate that the deceased owned additional assets not included in the original grant. The omission was not deliberate but due to lack of knowledge at the time of the initial application. The court held that rectification of the grant was justified to ensure all assets of the deceased are properly administered and distributed in accordance with the law. The application for rectification was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- The grant issued to Grace Wanjiru Mwangi on 3rd May, 2001 and confirmed on 10th January, 2002 is rectified to include Share Certificate No. 780 from Firestone East Africa Limited and Share Certificate No. 31305 from Co-operative Bank of Kenya Limited as assets of the estate.
- Application allowed in terms of prayers 1(a), 1(b), and 2 of the Summons for Rectification of Grant dated 17th August, 2009.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Succession Cause 42 of 2001
IN THE MATTER OF THE ESTATE OF DR. OBBY MWANGI NJUGUNA (DECEASED)
RULING
This is an application by GRACE WANJIRU MWANGI, the Petitioner herein for orders that the Grant issued to her in respect of the estate of DR. OBBY MWANGI NJUGUNA on 3rd May, 2001 and which was confirmed on 10th January, 2002 be rectified.
The Applicant applied for the Grant of Letters of Administration in respect of the estate of the deceased which was issued on 3rd May, 2001 and confirmed on 10th January, 2002 in terms as indicated in the Certificate of Confirmation. But she has discovered that the deceased owned additional properties which she did not include as part of the assets of the estate of the deceased namely SHARE CERTIFICATE NO. 780 from FIRESTONE EAST AFRICA LIMITED and SHARE CERTIFICATE NO. 31305 from CO-OPERATIVE BANK OF KENYA LIMITED which ought to have been included in the list of assets of the estate of the deceased.
She has produced Share Certificates which bear the names of the deceased.
I have considered the application in light of the affidavit evidence on record as well as the annextures thereto and I am persuaded that the orders sought ought to be granted.
Accordingly, I allow the application in terms of prayers 1 (a) and (b) and 2 of the Summons for Rectification of Grant dated 17th August, 2009.
DATED AT ELDORET THIS 19TH DAY OF OCTOBER, 2009.
J. L. A. OSIEMO
JUDGE