In re Estate of Martha Ndunge Kitolo (Decaesed) [2023] KEHC 676 (KLR)

In re Estate of Martha Ndunge Kitolo (Decaesed) (Succession Cause 20 of 2018) [2023] KEHC 676 (KLR) (1 February 2023) (Ruling)

Neutral citation: [2023] KEHC 676 (KLR)

Republic of Kenya

In the High Court at Makueni

Succession Cause 20 of 2018

GMA Dulu, J

February 1, 2023

In the matter of

David Muasya Malonza

Applicant

Ruling

1. Before me is an application by way of Chamber Summons dated October 27, 2022 filed by the petitioner through counsel Judah Kioko & company for rectification of confirmed grant of letters of administration.

2. The application was brought under section 47, and 71(4) of the Law of Succession Act (cap.160), and Rule 43(1) and Rule 73 of the Probate & Administration Rulesand seeks the replacement of a deceased administrator and revision of the distribution among beneficiaries of the only land asset.

3. The application was filed with a supporting affidavit sworn on October 27, 2022 by David Muasya Malonza in support of the prayers sought.

4. On the hearing date, John Mutua, Pius Muli and David Muasya Malonza attended court. These are the only persons to whom the only asset, land parcel Kibauni/Malunda/185 was distributed but in different portions to those proposed herein. They agreed to the request for rectification made in the application.

5. In those circumstances, I allow the application, and grant the rectification prayers sought.

6. I order that a rectified certificate of confirmed grant be issued accordingly.

DELIVERED, SIGNED & DATED THIS 1ST DAY OF FEBRUARY, 2023, IN OPEN COURT AT MAKUENI.………………………………….GEORGE DULUJUDGE