In re the Estate of Joel Kithome Musunza (Deceased) [2018] KEHC 7756 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
SUCCESSION CAUSE NO. 10 OF 2017
IN THE MATTER OF THE ESTATE OFJOEL KITHOME MUSUNZA(DECEASED)
PATRICIA MUNANYE KITHOME
ALICE SYLVIA KITHOME.……...............................APPLICANTS
R U L I N G
1. Joel Kithome Musunza(Deceased) died domiciled in Kenya on the 18th October, 2011. A grant of representation to his Estate was issued to Patricia Munanye Kithomeand Alice Sylvia Kithome.The Estate was subsequently distributed. All assets were shared equally amongst the beneficiaries.
2. On 8th June, 2017,the Administratix of the Estate approached this Court by way of general summons pursuant to the provisions of Section 74of the Law of Succession Actand Rule 43of the Probate & Administration Rulesseeking to have the certificate of confirmation of the grant issued rectified to include the following properties:
(a) Mwingi/Mwingi/104.
(b) Mwingi/Mwingi/598.
(c) Mwingi/Mwingi/600.
(d) Mwingi/Mwingi/1392.
(e) Mwingi/Mwingi/5113.
(f) Mwingi/Mwingi/5625.
(g) Kyuso/Kyuso“A”/48.
(h) L.R. No. 23357.
(i) Bank Account No. [Particulars Withheld] Kenya Commercial Bank Ltd.
(j) Bank Account No. [Particulars Withheld] Equity Bank Ltd.
(k) Shares in Safaricom Ltd (Share A/c No. [Particulars Withheld].
And that the same be distributed in equal shares among beneficiaries.
3. The application is premised on grounds that:
a) Subsequent to the issuance of the Certificate of Confirmation of Grant, the legal representatives of the Estate of the Deceased have been able to identify and access the title documents to the properties that were disclosed in Certificate of Confirmation of Grant but whose land reference numbers were missing.
b) In order to be able to administer the entire Estate of the Deceased, it is only fair and just that all the assets be included in the Grant.
c) Third parties have attempted to alienate some of the properties and hence the urgency of the matter.
4. The application is supported by an affidavit deponed by the 1st Administratix and wife to the Deceased.
5. I have considered the application and also seen the Title Documents to land Title Number:
Mwingi/Mwingi/104
Mwingi/Mwingi/598
Mwingi/Mwingi/600
Mwingi/Mwingi/5113
Mwingi/Mwingi/5625
Kyuso/Kyuso/‘A’/48
L.R. No. 23357.
Bank Account No. [Particulars Withheld] Kenya Commercial Bank Ltd.
Bank Account No. [Particulars Withheld] Equity Bank Ltd.
Shares in Safaricom Ltd (Share A/c No. [Particulars Withheld].
6. In the result I allow the application as prayed. The certificate of Grant issued on the 12th June, 2013shall be rectified to include the aforestated assets and they shall be distributed in equal shares among all the beneficiaries.
7. It is so ordered.
Dated, Signedand Deliveredat Kituithis 20thday of February, 2018.
L. N. MUTENDE
JUDGE