[2009] KEHC 45 (KLR)
The court found that the rectification sought was justified as it was necessary to include the deceased's involvement in Nairobi Business Rent Tribunal Case No. 375 of 2007 for the proper administration and protection of the estate. The supporting affidavit and annexed documents established that the deceased was the...
Source-derived case information.
- Citation
- [2009] KEHC 45 (KLR)
- Parties
- Applicant: Christopher Kioi; Applicant: Nancy Wambui Waweru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2596 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Probate and Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kioi
Applicant
Nancy Wambui Waweru
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 substitution in the Business Rent Tribunal Case No. 375 of 2007.
- 2 Whether the rectification is necessary to protect the interests of the estate and beneficiaries.
Ratio Decidendi
The court found that the rectification sought was justified as it was necessary to include the deceased's involvement in Nairobi Business Rent Tribunal Case No. 375 of 2007 for the proper administration and protection of the estate. The supporting affidavit and annexed documents established that the deceased was the respondent in the tribunal case, and there was no reason to decline the application. The court exercised its discretion to allow the rectification in the interest of justice and safeguarding the estate's interests.
Court Disposition
application allowed
Orders
- The grant of letters of administration issued to Christopher Kioi and Nancy Wambui Waweru on 20th November 2008 is hereby rectified to include substitution in Nairobi Business Rent Tribunal Case No. 375 of 2007.
- Costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)
SUCCESSION CAUSE 2596 OF 2008
IN THE MATTER OF THE ESTATE OF THE LATE MWANGI KIOI – (DECEASED)
R U L I N G
Before me is a Summons dated21st May, 2009filed by M/s Kiarie Kariuki & Associates advocates on behalf of the applicants CHRISTOPHER KIOI and NANCY WAMBUI WAWERU the administrators of the estate of the late MWANGI KIOI. The application was filed on25th June, 2009and the orders sought are as follows-
1. The grant of letters of administration issued to the saidCHRISTOPHER KIOIandNANCY WAMBUI WAWERU in this matter on 20th day of November, 2008 be rectified as provided for by Rule 43(1) of the Probate and Administration Rules.
2. Costs of this application be provided for.
The rectification required was not on the face of the application as it should have been. However, it appears to be contained in paragraph 2 of the affidavit in support of the application, in which it is deponed jointly by the applicants as follows-
“2. THAT the said grant be rectified to include substitution of a case No. 375 of 2007 – Business Rent Tribunal Case No. 375 of 2007 – Stephen Wanyee Roki Tenant/Applicant –vs- Mwangi Kioi – Land lord/Respondent.
Annexed to the affidavit are documents which shown that the respondent in the subject case in the Business Premises Rent Tribunal the deceased herein Mwangi Kioi. I really find no reason to decline to grant the orders sought. It is only fair and just that I grant the orders sought to protect or safeguard the interest of the estate and beneficiaries.
For the above reasons, I allow the application and order as follows-
1. The grant of letters of administration issued toCHRISTOPHER KIOIandNANCY WAMBUI WAWERUin this matter on 20th day of November 2008 is hereby rectified to include substitution in the case Nairobi Business Rent Tribunal Case No. 375 of 2007. Stephen Wanyee Roki Tenant/Applicant –vs- Mwangi Kioi – Landlord/Respondent.
2. Costs in the cause.
It is so ordered.
Dated and delivered atNairobithis 10th day of February, 2009.
George Dulu
Judge.