In re Estate of Peter Muia Muiva alias Muia Muiva Nginya (Deceased) [2016] KEHC 2482 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

SUCCESSION CAUSE NO.449 OF 2005

IN THE MATTER OF THE ESTATE OF THE LATEPETER MUIA MUIVAalias MUIA MUIVA NGINYA(DECEASED)

PAUL MUNYAO MUIA      )

MICHAEL MAKAU MUIA )……………………PETITIONERS/APPLICANTS

RULING OF THE COURT

1. The Notice of Motion before the court is dated 11th September, 2015.  It seeks to rectify Grant of Letters of Administration as prayed.

2. The application is not opposed.  I have considered the same.

3. The reasons necessitating the need to rectify are stated in the supporting affidavit of Michael Makau Muia, one of the Administrators.  The parcel of land Maputi/Kiima Kimwe/2435 was by an inadvertent mistake left out of the assets of the estate of the deceased.  It is that asset that the current application now seeks to make part of the estate of the deceased to be distributed as proposed.

4. I have no reasons to deny the application.  The same is allowed, and the estate is further distributed in the following terms:

(a) That the certificate of confirmed grant be and is hereby amended to include parcel No. Muputi/Kiima kimwe/2435 in the schedule of distribution.

(b) That 54ft x100ft of parcel No. Muputi/Kiima kimwe/2435 be given to LOIS MWONGELI MULWA and the remainder to PAUL MUNYAO MUIA and MICHAEL MAKAU MUIA to jointly own the same.

Orders accordingly.

Read, Delivered and Dated this 28th Day of SEPTEMBER 2016.

E.K. OGOLA

JUDGE