[2013] KEHC 6267 (KLR)
The court found that the omission of the two bank share assets from the original certificate of confirmation of grant was established and that all beneficiaries had consented to their inclusion and distribution. The court held that rectification was justified under the Law of Succession Act, as the interests of the...
Source-derived case information.
- Citation
- [2013] KEHC 6267 (KLR)
- Parties
- Applicant: Hannah Wanjiru Kiarie; Respondent: Children of the deceased (consenting parties)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 229 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
- Outcome
- application for rectification of certificate of confirmation of grant allowed
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Distribution of Estate, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Wanjiru Kiarie
Applicant
Children of the deceased (consenting parties)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include assets omitted during the initial distribution.
- 2 Whether the consent of all survivors is necessary for the rectification involving distribution of additional assets.
Ratio Decidendi
The court found that the omission of the two bank share assets from the original certificate of confirmation of grant was established and that all beneficiaries had consented to their inclusion and distribution. The court held that rectification was justified under the Law of Succession Act, as the interests of the beneficiaries were safeguarded by their express consent. Accordingly, the orders confirming the grant and distributing the estate were reviewed to include the omitted assets, which were allotted to Hannah Wanjiru Kiarie. The court directed that a fresh certificate of confirmed grant be issued to reflect the rectification.
Court Disposition
application for rectification of certificate of confirmation of grant allowed
Orders
- Orders made on 23rd October 2001 confirming the grant and distributing the estate are reviewed to include the omitted shares in Kenya Commercial Bank Ltd and Standard Chartered Bank Kenya Limited.
- The omitted assets are allotted to Hannah Wanjiru Kiarie.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO: 229 OF 1993
IN THE MATTER OF THE ESTATE OF JOHN KIARIE WAGACHA (DECEASED)
RULING
The application dated 22nd October 2012 seeks rectification of certificate of confirmation so as to incorporate assets that had been left out. The assets in question are shares in the Kenya Commercial Bank Ltd and the Standard Chartered Bank Kenya Limited. Relevant documents have been attached to the application.
When the matter initially came up before me on 5th February 2012, I directed that the survivors of the deceased ought to consent to the rectification application since there was an element of distribution involved. A consent signed by the children of the deceased has been filed, dated 5th March 2013.
I hereby review the orders made on 23rd October 2001 confirming the grant and distributing the estate of the deceased, so as to include the two assets that had been left out then and to allot them to Hannah Wanjiru Kiarie. A fresh certificate of confirmed grant shall issue accordingly. Costs in the cause.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE