[2014] KEHC 2569 (KLR)
The court found that the application to include the omitted property in the schedule of assets was meritorious, as the applicant provided sufficient evidence of the property's existence and its registration in the name of the deceased. The court exercised its discretion under Rule 43(1) of the Probate and...
Source-derived case information.
- Citation
- [2014] KEHC 2569 (KLR)
- Parties
- Applicant: Holinda Wanjiru Gitau; Respondent: Estate of Wanjuhi Kinyanjui Wangunyu (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 458 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Probate and Administration, Confirmation of Grant, Devolution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Holinda Wanjiru Gitau
Applicant
Estate of Wanjuhi Kinyanjui Wangunyu (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the omitted property should be included in the schedule of assets and devolved to Holinda Wanjiru Gitau.
Ratio Decidendi
The court found that the application to include the omitted property in the schedule of assets was meritorious, as the applicant provided sufficient evidence of the property's existence and its registration in the name of the deceased. The court exercised its discretion under Rule 43(1) of the Probate and Administration Rules to allow the amendment of the certificate of confirmation of grant to ensure all assets of the deceased are properly devolved according to law.
Court Disposition
application allowed
Orders
- The application dated 4th March 2014 is allowed.
- The certificate of confirmation of grant dated 3rd February 2014 shall be amended to include Plot No. 221 (Nairobi Block 141/64) under Karura Farmers Company and devolve it to Holinda Wanjiru Gitau.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 458 OF 2011
IN THE MATTER OF ESTATE OF WANJUHI KINYANJUI WANGUNYU a.k.a. NELLY WANJUHI KINYANJUI –
(DECEASED)
RULING
1. The application dated 4th March 2014 is premised on Rule 43(1) of the Probate and Administration Rules. The applicant/ administrator seeks that a property omitted from the schedule of assets be included and devolved to Holinda Wanjiru Gitau. The said Holinda is said to be in occupation thereof.
2. The applicant swore an affidavit on 4th March 2014 to support the application. Attached to the affidavit are documents which evidence the existence of the said parcel of land – being Plot No. 221 (Nairobi Block 141/64) under Karura Farmers Company is registered in the name of Wanjuki Kinyanjui.
3. I find merit in the application dated 4th March 2014. I do hereby allow the same. The certificate of confirmation of grant dated 3rd February 2014 shall be amended accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September 2014.
W. MUSYOKA
JUDGE