In Re Estate of Joseph Victor Wachiira Kambora (Deceased) [2009] KEHC 543 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI LAW COURTS

Succession Cause 1692  of 2009

IN THE MATTER OF THE ESTATE OF JOSEPH VICTOR WACHIIRA KAMBORA (DECEASED)

R U L I N G

Before me is a Summons dated 27th March, 2009 filed by Gacdhia & Mucheru advocates for the applicants named as WINNIE WANJIRU KAMBORA and JANE WANJIKU KIGATHI, who are the administrators of the estate of the late JOSEPH VICTOR WACHIRA KAMBORA.

The substantive prayer in the application is that-

1. The certificate of confirmation of grant issued on 27th March, 2007 be rectified to include Title No. Kjd/Kaputiei – North/4649 to be distributed to Winnie Wanjiru Kambora.

The application is supported by the affidavit sworn by WINNIE WANJIRU KAMBORAon 27th March 2009.  It was deposed in the said affidavit inter alia, that plot herein was inadvertently left out at confirmation of the grant because the title document was with one Timothy Mutio at Nairobi.  It was further deposed that the purpose of the rectification was that the property be vested in the name of Winnie Wanjiru Kambora, so that it can be transferred to Timothy Mutio, who had paid for the purchase of the plot.

I have considered the application and have also perused the consents of the co-administrator and the beneficiaries which were filed.  I find no reason to decline the application.

Consequently, I allow the application and order as follows-

1. The certificate of confirmation of grant issued on 27th March, 2007 be and is hereby rectified to include the Title No. Kjd/kaputiei – North/4649 to be distributed to Winnie Wanjiru Kambora.

2. Costs in the cause.

Dated and delivered at Nairobi this 17th day of November,

2009.

George Dulu

Judge.