In re Estate of Alfred Meso Nono (Deceased) [2024] KEHC 4686 (KLR)

In re Estate of Alfred Meso Nono (Deceased) (Succession Cause 1620 of 2011) [2024] KEHC 4686 (KLR) (Family) (18 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4686 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Succession Cause 1620 of 2011

HK Chemitei, J

April 18, 2024

IN THE MATTER OF THE ESTATE OF THE LATE ALFRED MESO NONO (DECEASED)

Ruling

1. This ruling relates to the application dated 7th February, 2023 filed by Margaret Veronica Meso seeking for orders that:-i)Spent.ii)The confirmed grant issued to Margaret Veronica Meso and Andrew Isaac Meso in this matter on 13th January, 2012 be rectified in the following respects as provided for by Rule 43 (1) of the Probate and Administration Rules: Property known as LR No. 1870/ 11/ 108/ 2 of the Deceased which was never included in the Petition for Letters of Administration be included in the confirmed grant and be granted to solely to ALL the beneficiaries of the estate of the Deceased equally.iii)The Applicant be at liberty to apply for further orders and or directions as the Honorable Court may deem fit and just to grant.iv)The costs of this application be provided for.v)The Honourable Court be pleased to grant ant other order that is fait and just in the circumstance.

2. The application is supported by affidavit sworn by Margaret Veronica Meso on 7th February, 2023 where she avers inter alia that during the process of distributing the estate of the Deceased, they discovered that one of the properties belonging to the Deceased known as LR No. 1870/ 11/ 108/ 2 was never included in the Petition for Letters of Administration and the same ought to be included in the confirmed grant and be granted to all the beneficiaries of the Deceased equally; and that no one shall be prejudiced if the property aforementioned is included in the confirmed grant.

3. The application is not opposed and there are no submissions filed with respect to the application dated 7th February, 2023.

4. There being no opposition to the application dated 7th February, 2023 the same is allowed as prayed

5. Costs of the application be in the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA ONLINE THIS 18TH APRIL 2024. H K CHEMITEIJUDGE