Automated Summary
Key Facts
The case involves a rectification application to include a parcel of land (LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473) in the estate of Charles Guandaru Kahwai. The petitioner, Joseph Ndiritu Guandaru, admitted the omission during the 2011 confirmation of grant. The land was transferred to Salome Wairimu Thuita, widow of Michael Thuita Charles (who inherited it from the deceased). All twelve beneficiaries consented, and the court ruled to rectify the grant accordingly on 8th February 2017.
Deceased Name
Charles Guandaru Thuita
Issues
The court addressed the issue of rectifying a certificate of Confirmation of Grant to include a parcel of land (LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473) that was inadvertently excluded during the initial confirmation process. The petitioner, representing the estate of Charles Guandaru Kahwai, sought to correct this omission under Rule 43(1) of the Probate & Administration Rules and Section 74 of the Law of Succession Act. The application was supported by all twelve beneficiaries who orally confirmed their consent for the rectification and transfer of the land to Salome Wairimu Thuita, the widow of Michael Thuita Charles, who had inherited the parcel from the deceased.
Holdings
- The court allows the application to rectify the certificate of Confirmation of Grant of letters of grant issued to the petitioner and confirmed on 13th May 2011 to include the parcel of land LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473.
- The parcel of land LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473 is determined to Salome Wairimu Thuita, following the deceased's transfer to Michael Thuita Charles and subsequent inheritance by his widow.
- The costs of the application are ordered to be in the cause (borne by the cause).
Remedies
- Costs of this application be in the cause.
- The certificate of Confirmation of Grant be rectified to include parcel of land LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473.
- The parcel of land LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473 be determined to Salome Wairimu Thuita.
Will Type
Intestacy
Probate Status
Grant rectified to include omitted land parcel LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473.
Legal Principles
The court applied Rule 43(1) of the Probate & Administration Rules and Section 74 of the Law of Succession Act to rectify an error in the grant of administration by including an omitted parcel of land (LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III 1473) after confirming all beneficiaries consented to its transfer to Salome Wairimu Thuita.
Succession Regime
Common-Law Intestacy in Kenya under the Law of Succession Act
Executor Name
Joseph Ndiritu Guandaru
Cited Statute
Law of Succession Act
Executor Appointment
Administrator
Judge Name
Teresia Matheka
Passage Text
- Having heard counsel for the petitioner, and all the beneficiaries, and having perused the application and the affidavit in support and its annexture, and having considered the applicable law, I allow the application in the following terms;
- From the foregoing the petitioner/applicant herein has demonstrated the error- his failure to include the above named property in his application for confirmation of the grant. All the beneficiaries agree with him that the grant be rectified and the same be determined to Salome Wairimu Thuita.
- The application seeks an order to rectify the certificate of Confirmation of Grant to include the parcel of land LR No. LAIKIPIA/NANYUKI/MARURA BLOCK III (SWEET WATERS) 1473 which was inadvertently left out even though it formed part of the Estate of the deceased Charles Guandaru Thuita and which has been determined to Salome Wairimu Thuita.
Beneficiary Classes
- Child / Issue
- Spouse / Civil Partner