In re Estate of Wambugu Ngera (Deceased) [2022] KEHC 12465 (KLR)

In re Estate of Wambugu Ngera (Deceased) (Succession Cause 142 of 1992) [2022] KEHC 12465 (KLR) (17 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12465 (KLR)

Republic of Kenya

In the High Court at Nyeri

Succession Cause 142 of 1992

FN Muchemi, J

August 17, 2022

IN THE MATTER OF THE ESTATE OF WAMBUGU NGERA (DECEASED)

In the matter of

Cecilia Thogori Wanjeru

1st Applicant

Thomas Gatutha Wahome

2nd Applicant

Cecilia Mumbi

3rd Applicant

Ruling

1. This is a ruling on summons dated June 8, 2022 seeking for orders for rectification of grant that was confirmed on January 27, 2022. It is brought by the three administrators Cecilia Thogori Wanjeru, Thomas Gatutha Wahome and Cecilia Mumbi. The applicants filed a notice to act in person dated June 9, 2022 withdrawing Messrs Wabandi Gacheru advocate who represented them earlier.

2. This summons seeks for rectification of grant in the following terms:-a.That the name of Cecilia Thongori Wanjeru in the grant be rectified to read Cecilia Thogori Wanjeru.b.That the names of Thomas Gatutha Wahome and Cecilia Mumbi be included in form P&A 41 since they were appointed co-administrators.c.That the name of Thomas Gathuta Wahome be rectified to read Thomas Gatutha Wahome.

3. It is noted that in the application for rectification of grant dated June 25, 2021, the applicants through their advocate Wabandi Gacheru, which summons sought the same prayers which were granted in the ruling of the court delivered on January 27, 2022.

4. Once a co-administrator has been appointed by the court, there is no need of bringing another application to have his name added on form P&A 41. The order of the court regarding appointment is sufficient to amend the grant of letters of administration intestate.

5. The only rectification that this court will deal with herein is in regard to the name of Thomas Gathuta Wahome to read Thomas Gatutha Wahome which I hereby do rectify as prayed.

6. The other prayers being a repetition from the previous application are hereby struck.

7. An amended grant to issue.

8. It is hereby so ordered.

DATED AND SIGNED AT NYERI THIS 17TH DAY OF AUGUST, 2022. F MUCHEMIJUDGERULING DELIVERED THROUGH VIDEO LINK THIS 17TH DAY OF AUGUST, 2022