[2014] KEHC 6346 (KLR)
The court found that the omission of Joshua Kioko Ndambuki as a personal representative in the grant of letters of administration intestate was an error, as both Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki were petitioners at the institution of the succession cause. The court held that the application for...
Source-derived case information.
- Citation
- [2014] KEHC 6346 (KLR)
- Parties
- Applicant: Josephine Nzisa Ndambuki; Applicant: Joshua Kioko Ndambuki
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 63 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- LN Mutende
- Legal Topics
- Rectification of Grant, Letters of Administration, Personal Representatives
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Nzisa Ndambuki
Applicant
Joshua Kioko Ndambuki
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be rectified to correctly reflect both petitioners as personal representatives of the deceased.
Ratio Decidendi
The court found that the omission of Joshua Kioko Ndambuki as a personal representative in the grant of letters of administration intestate was an error, as both Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki were petitioners at the institution of the succession cause. The court held that the application for rectification was meritorious and that the grant should be amended to reflect both individuals as personal representatives of the deceased's estate.
Court Disposition
application for rectification of grant allowed
Orders
- The grant of letters of administration intestate is rectified to read Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki as personal representatives of the deceased.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 63 OF 2010
IN THE MATTER OF THE ESTATE OF NDAMBUKI MWALAVU (DECEASED)
JOSEPHINE NZISA NDAMBUKI
JOSHUA KIOKO NDAMBUKI..........PETITIONERS/ADMINISTRATORS
R U L I N G
A grant of letters of administration intestate was made to Josephine Kioko Ndambuki in respect of the estate of Ndambuki Mwalavu on 18th May 2011.
It is now the prayer of the applicant that there was an error. In the application dated 25th November 2013 the applicants seek rectification of the grant to indicate it was issued to Josphine Nzisa NdambukiandJoshua Kioko Ndambuki.
At the time of institution of the succession cause, the Petitioners were Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki. It is apparent that it was an error.
In the premises the application is meritorious. The grant be and is hereby rectified to read Josephine Nzisa Ndambuki and Joshua Kioko Ndambuki as personal representatives of the deceased.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this 28 TH day of JANUARY, 2014.
L.N. MUTENDE
JUDGE