In Re The Estate of Obby Mwangi Njuguna (Deceased) [2009] KEHC 706 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

Succession Cause 42 of 2001

IN THE MATTER OF THE ESTATE OF DR. OBBY MWANGI NJUGUNA (DECEASED)

RULING

This is an application by GRACE WANJIRU MWANGI, the Petitioner herein for orders that the Grant issued to her in respect of the estate of DR. OBBY MWANGI NJUGUNA on 3rd May, 2001 and which was confirmed on 10th January, 2002 be rectified.

The Applicant applied for the Grant of Letters of Administration in respect of the estate of the deceased which was issued on 3rd May, 2001 and confirmed on 10th January, 2002 in terms as indicated in the Certificate of Confirmation.  But she has discovered that the deceased owned additional properties which she did not include as part of the assets of the estate of the deceased namely SHARE CERTIFICATE NO. 780 from FIRESTONE EAST AFRICA LIMITED and SHARE CERTIFICATE NO. 31305 from CO-OPERATIVE BANK OF KENYA LIMITED which ought to have been included in the list of assets of the estate of the deceased.

She has produced Share Certificates which bear the names of the deceased.

I have considered the application in light of the affidavit evidence on record as well as the annextures thereto and I am persuaded that the orders sought ought to be granted.

Accordingly, I allow the application in terms of prayers 1 (a) and (b) and 2 of the Summons for Rectification of Grant dated 17th August, 2009.

DATED AT ELDORET THIS 19TH DAY OF OCTOBER, 2009.

J. L. A. OSIEMO

JUDGE