Charles Wangungu Gathuma v Peter Kihagi [2017] KEHC 502 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

HIGH COURT SUCCESSION CAUSE NO. 240 OF 2007

IN THE MATTER OF THE ESTATE OF GATHUMA S/O KAGUMO (DECEASED)

CHARLES WANGUNGU GATHUMA......PETITIONER/APPLICANT

V E R S U S

PETER KIHAGI..............................................PROTESTOR/OBJECTOR

R U L I N G

5/12/17

Before  T. Matheka, J

Court Asst. Harriet

In chambers

On 18th October 2017, I delivered judgment and made orders that the Estate of the late Gathuma s/o Kagumo be shared equally between Charles Wangungu Gathuma and the heirs of Geoffrey Ngunjiri Gathuma.

Before me is a certificate of urgency dated 4/12/2017 presenting an application of the rectification of grant issue on 1/11/17 sharing the Estate equally between the two.  The applicant now wants this court to rectify the grant and state that if “Geoffrey Ngunjiri is not survived by anybody the estate to devolve to the petitioner”.

This court’s judgment was based on the evidence before it. At page 7 I said;

“Though the other beneficiary is deceased, the petitioner did not disclose whether he had a family who would be entitled to a share of the estate.”

Apart from his own word, there is no supporting evidence that Geoffrey Ngunjiri had no wife or child.  Without supporting evidence to that effect, I decline to certify the application as urgent.

The applicant’s prayer is that he be granted the orders exparte as there is no one to serve.

I also decline to do so until the appropriate evidence is supplied to court. He is at liberty to do so within 30 days from the date hereof.

Orders accordingly.

Dated this 5th December 2017

TERESIA MATHEKA

JUDGE