In re Estate of Francis Muga M'Rimberia (Deceased) [2024] KEHC 6196 (KLR)

In re Estate of Francis Muga M'Rimberia (Deceased) (Succession Cause 419 of 2013) [2024] KEHC 6196 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6196 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 419 of 2013

TW Cherere, J

May 23, 2024

IN THE MATTER OF THE ESTATE OF FRANCIS MUGA M’RIMBERIA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION BY

In the matter of

George Mutai Mugaa

Applicant

Ruling

1. A green card filed at the time of filing this cause reveals that deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme /15.

2. The Certificate of Confirmation of Grant dated 03rd December, 2014 described the deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme thereby omitting the number 15 from the order on distribution.

3. By summons dated 08th March, 2024 supported by Applicant’s affidavit sworn on even date, Applicant seeks orders that:1. The land registrar dispenses with the production of the original title for LR. Ntimiriti/settlement Scheme /15 on the ground that it cannot be traced2. The grant be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /15

4. Having considered the summons, I find that the Certificate of Confirmation of Grant dated December 3, 2014 does not give the correct description of deceased’s estate and is incapable of being implemented.

5. It is therefore hereby ordered as follows;1. The land registrar shall dispense with the production of the original title for LR. Ntimiriti/settlement Scheme/15 on the ground that it cannot be traced2. The Certificate of Confirmation of Grant dated December 3, 2014 shall be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /153. Mention on October 3, 2024 to confirm transmission

DATED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MunenePetitioner/Applicant - Present in person