In re Estate of Samuel Mwaura Karanja (Deceased) [2020] KEHC 9763 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY AND PROBATE DIVISION

SUCESSION CAUSE NO. 2839 0F 2013

IN THE MATTER OF THE ESTATE OF SAMUEL MWAURA KARANJA

RULING

1. Before court is an application dated 20th August 2019, by Agnes Wangari Njuguna and Faith Wanja Mwaura, administrators and beneficiaries of the estate herein seeking for rectification of the confirmed grant so as to correct the names of the deceased and the first administrator and to add an additional property to the list of assets.

2. The application is based on the grounds that the deceased is known as Samuel Mwaura Karanja alias Samuel Ndiho Karanja; the first administrator is known as Agnes Wangari Ngugi alias Agnes Wangari Njuguna and there is need to reflect their names as such.

3. Further that the deceased was allocated 0. 113 hectares of land out of L.R.NO. KABETE/LOWER KABETE/61 in Succession Cause No. 520A of 2013, In the estate of Francis Karanja Ndegwa.  The deceased therein was the father to the deceased in this cause.  And there is need for the said property to be included in the list of the assets herein.  There is consensus also between the beneficiaries that the property goes to the widow who is the first administrator.

4. Having considered the applications, the affidavit in support and the annexures thereto, I find the prayers sought to be meritorious in the circumstances.

5. I therefore allow the grant be rectified in terms of prayers 1 & 2 of the application.

6. Costs in the cause.

SIGNED DATEDandDELIVEREDthis 27th day of May, 2020.

ALI-ARONI

JUDGE