Case ID:174962

In re Estate of John Mugothi Kingori (Deceased) [2021] eKLR

Case Metadata

Case Number:

Succession Cause 603 of 2015

Parties:

In re Estate of John Mugothi Kingori (Deceased)

Date Delivered:

06 May 2021

Case Class:

Civil

Court:

High Court at Nyeri

Case Action:

Ruling

Judge(s):

Abigail Mshila

Citation:

In re Estate of John Mugothi Kingori (Deceased) [2021] eKLR

Court Division:

Family

County:

Nyeri

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 603 OF 2015

IN THE MATTER OF THE ESTATE OF THE LATE JOHN MUGOTHI KINGORI (DECEASED)

PUBLIC TRUSTEE....................................................................PETITIONER

RULING

1. The applicant has filed an application dated the

21/07/2020

under the provisions of Section 74 of the Law of Succession Act and Rule 43 (1) of the Probate and Administration Rules and seeks to include Safaricom Ltd Shares and Safaricom Ltd unclaimed dividends which were inadvertently omitted from the list of the deceased assets.

2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicant and dated

21/07/2020

3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the review of orders provided that it does not affect the substance of the Grant.

4. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction and inclusion of omitted shares and dividends is as envisaged under the provisions of the above Section 74 and Rule 43. The application is found to be meritorious and is hereby allowed.

5. The Certificate of Confirmation of Grant issued on 4/07/2

017

is hereby rectified to include 900 Safaricom Ltd Shares and Safaricom Ltd Unclaimed Dividends to

IRENE NJERI GATHUO

absolutely.

Orders Accordingly.

DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 6TH DAY MAY, 2021.

HON. LADY JUSTICE A. MSHILA

JUDGE