In re Estate of M'Bauni M'Meru Kanegene (Deceased) [2024] KEHC 3591 (KLR)

In re Estate of M'Bauni M'Meru Kanegene (Deceased) (Succession Cause 677 of 2015) [2024] KEHC 3591 (KLR) (22 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3591 (KLR)

Republic of Kenya

In the High Court at Chuka

Succession Cause 677 of 2015

LW Gitari, J

March 22, 2024

IN THE MATTER OF THE ESTATE OF M’BAUNI M’MERU KANEGENE (DECEASED) CHARLES KAGORWE M’RUNJI.........ADMISTRATIX/APPLICANT VERSUS GRACE KAMBURA..............................................PROTESTOR

In the matter of

Grace Kambura

Protestor

Ruling

1. The Petitioner/Applicant has filed this summons seeking an order that the certificate of confirmation of grant issued on 18/12/2015 and 28/1/2019 be and rectified to read M’Bauni M’Meru Kanegene alias M’Runchi Mukuura. That the certificate of confirmation of grant dated 28/1/2019 be rectified so as to include Plot No. M27 Chuka Township. It based on the ground that the deceased (applicant’s father) had entered into an agreement on 5/2/2008 to transfer the plot to Justin Kiruja M’Abuni but the transaction had not been concluded.

2. The applicant’s submits that the beneficiaries have signed a consent and there is no objection to have the grant rectified as prayed.

3. I have considered the application. I note that the beneficiaries have no objection to the rectification and have signed a consent to the rectification of the grant. The court has discretion to allow the rectification of the said grant. The rectification is necessary in order to bring this matter to a close. In the circumstances I find that the application has merits and I allow it as prayed.

DATED, SIGNED AND DELIVERED AT CHUKA THIS 22ND DAY OF MARCH 2024. L.W. GITARIJUDGE