In re Estate of Peter Mirithu Gachie (Deceased) [2018] KEHC 6186 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

SUCCESSION CAUSE NUMBER 436 OF 2003

IN THE MATTER OF THE ESTATE OF

PETER MIRITHU GACHIE....................................DECEASED

RULING

1. Before Court is the summons for rectification of Certificate of Confirmation of Grant dated 15/2/2017.

2. It is sought;

1. THAT the certificate of confirmation of grant issued to Agnes Nungari Mirithu and Esther Waithira Mirithu be rectified to reflect one administrator Agnes Nungari Mirithu.

2. THAT the certificate for confirmation of grant issued to Agnes Nungari Mirithu and Esther Waithira        Mirithu be rectified to include BUSINES PLOT NO. 56 AT BAHATI TRADING CENTER and I.R 10613/1 as   part of the assets of the deceased.

3. THAT upon the inclusion of the property in the grant, the   properties be distributed as hereunder;

NAME                                DESCRIPTION OF               SHARES

PROPERTY

Mirithu Paul Ndungata                  Business Plot No. 56 at Bahati Whole shareTrading Center

Peter Karare Njonge

Francis Mwangi Njonge

Stephen Mbugua Njonge

Paul Karithi Njonge

4. That costs of the application be borne by the estate.

3. The application is premised on 4 grounds namely;

1. THAT Esther Waithira Mirithu is deceased.

2. THAT the property known as BUSINESS PLOT NO. 56 AT BAHATI TRADING CENTER and I.R 10613/1were    inadvertently left out from the properties of the deceased when the petition of letters of administration    was made.

3. THAT it is only fair that the said property be included as part of the assets of the deceased.

4. THAT the beneficiaries of the estate of the deceased have consented to the grant being rectified.

4.  The application is not opposed and there is evidence of service on Ms Namisi & Company Advocates on record for Simon Peter Gachi Bernard.

5. In brief submissions Ms Alwala for the Applicant urged that the   rectification is necessary as 2 properties of the deceased had been   left out during the confirmation of grant. They had been purchased but had not been transferred at the time.  She added that one of the administrators is now deceased and there was need to remove her name and substitute the names with only one administrator.

6. I have perused the application, the supporting affidavit and the   submissions by learned counsel.  I have noted the consent of the parties on the distribution proposed.

7.  I am satisfied that the application is merited and the orders sought are necessary in furtherence to the administration of the estate herein and its winding up.

8. I allow the summons in terms of prayer 1, 2 and 3.  Costs be borne out of the estate.

Dated and Signed at Nakuru this 13th day of June, 2018.

A. K. NDUNG'U

JUDGE