[2013] KEHC 5549 (KLR)
The court found that the applicants had provided sufficient material to justify the amendment of the confirmed grant to include the omitted shares. Exercising its inherent powers under Rule 73 of the Probate & Administration Rules, the court allowed the application, holding that justice required the inclusion and...
Source-derived case information.
- Citation
- [2013] KEHC 5549 (KLR)
- Parties
- Petitioner: Peter Maina Mwaura; Petitioner: David Maina Mwaura; Cecilia Wairimu Mwaura; Grace Thithu Mwaura
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 403 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Amendment of Confirmed Grant
- Outcome
- application allowed
- Legal Topics
- Probate and Administration, Amendment of Grant, Distribution of Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Maina Mwaura
Petitioner
David Maina Mwaura
Petitioner
Cecilia Wairimu Mwaura
Grace Thithu Mwaura
Procedural Posture
Succession Cause / Ruling on Summons for Amendment of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant should be amended to include shares with Barclays Bank (K) Ltd and Muhotetu Farmers Company Ltd.
- 2 Whether the shares should be distributed equally between Cecilia Wairimu Mwaura and Grace Thithu Mwaura.
Ratio Decidendi
The court found that the applicants had provided sufficient material to justify the amendment of the confirmed grant to include the omitted shares. Exercising its inherent powers under Rule 73 of the Probate & Administration Rules, the court allowed the application, holding that justice required the inclusion and equal distribution of the shares in question to Cecilia Wairimu Mwaura and Grace Thithu Mwaura.
Court Disposition
application allowed
Orders
- The confirmed grant is amended to include shares with Barclays Bank (K) Ltd and Muhotetu Farmers Company Ltd.
- The shares so included shall be shared equally between Cecilia Wairimu Mwaura and Grace Thithu Mwaura.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CASE NO. 403 OF 2003
MWANGI KIONGO.......................................…........................DECEASED
AND
PETER MAINA MWAURA
DAVID MAINA MWAURA…................................................PETITIONERS
RULING
1. By a summons General dated 8th February 2011 the applicants herein moved court under the provisions of Rule 73 of the Probate & Administration rules for ORDERS
2. i) THAT the grant confirmed by the Honourable court on the 5th December 2005 be amended by inclusion of the following items:
3. a. Shares with Barclays Bank (K) Ltd.
4. b. Shares with Muhotetu Farmers Company Ltd.
5. ii) THAT the shares so included be shared equally between Cecilia Wairimu Mwaura and Grace Thithu Mwaura.
6.
7. The application is supported by the affidavit of David Maina Mwaura sworn on 11th February 2011 the content of which is self explanatory.
8. Rule 73 of the P&A provides as follows v
9. “Nothing in these rules shall limit or otherwise affect the inherent power of the court to make orders that may be necessary for the end of justice or to present abuse of the process of court”.
10.
11. I have considered the affidavit evident herein and is of the considered opinion that the applicant has placed material before the court for the grant of orders sought.
12. I therefore allow the said application in terms of prayer No. (i) and (ii) thereof.
13. Dated at Nyeri this 4th day of July 2013.
J. WAKIAGA
JUDGE
Ruling delivered in open court on 19th July 2013 in the absence of the parties and their advocates.
J. WAKIAGA
JUDGE