[2013] KEHC 6572 (KLR)
The court found that the application for rectification of the grant was unsupported by sufficient evidence regarding the exclusion of the two properties. Specifically, there was no explanation or documentation as to who sold Nyandarua/Ndemi/1402 to Samuel Kimani Ngugi or when the sale occurred. Similarly, the...
Source-derived case information.
- Citation
- [2013] KEHC 6572 (KLR)
- Parties
- Applicant: Administrators of the Estate of Joseph Muturi Kuria; Respondent: Samuel Kimani Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1700 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant postponed pending further affidavit.
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Estate Administration, Omitted Assets, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Joseph Muturi Kuria
Applicant
Samuel Kimani Ngugi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether Nyandarua/Ndemi/1402 should be excluded from the estate as it was allegedly sold to Samuel Kimani Ngugi.
- 2 Whether Nyandarua/Kaimbaga/Ext.73 should be excluded from the estate as it is claimed to be family land.
Ratio Decidendi
The court found that the application for rectification of the grant was unsupported by sufficient evidence regarding the exclusion of the two properties. Specifically, there was no explanation or documentation as to who sold Nyandarua/Ndemi/1402 to Samuel Kimani Ngugi or when the sale occurred. Similarly, the assertion that Nyandarua/Kaimbaga/Ext.73 is family land was unsubstantiated, with no clarification or supporting documents provided. The court therefore postponed the application and directed the administrators to file a further affidavit with the necessary explanations and documentary evidence before the matter could be determined.
Court Disposition
Application for rectification of grant postponed pending further affidavit.
Orders
- Administrators to file a further affidavit explaining who sold Nyandarua/Ndemi/1402 to Samuel Kimani Ngugi and attach a copy of the sale agreement.
- Administrators to explain in what respect Nyandarua/Kaimbaga/Ext.73 is family land and attach a copy of the title to the said property.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO. 1700 OF 2003
IN THE MATTER OF THE ESTATE OF JOSEPH MUTURI KURIA– (DECEASED)
RULING
The application dated 24th September 2012 is for rectification of the grant to add items that had been left out and to exclude others that were allegedly erroneously included in the list of assets.
The two assets sought to be excluded are Nyandarua/Ndemi/1402 and Nyandarua/Kaimbaga/Ext.73. It is said Nyandarua/Ndemi/1402 does not form part fo the estate as it be sold off to a Samuel Kimani Ngugi. It has not been explained who sold the property to Mr. Ngugi and when the said sale took place. Nyandarua/Kaimbaga/Ext. 73 is said to be family land. It is not explained what is meant by family land.
The application dated 24th September 2012 is hereby postponed.The administrators shall file a further affidavit:-
(1) to explain who sold Nyandarua/Ndemi/1402 to Samuel Kimani Ngugi and to attach copy of the sale agreement in respect of the said sale; and
(2) To explain in what respect Nyandarua/Kaimbaga/Ext.73 is family land and to attach copy of the title to the said property – Nyandarua/Kaimbaga/Ext. 73.
SIGNED DATEDandDELIVEREDin open court this 30thday of August, 2013.
W.M. MUSYOKA
JUDGE