In re Estate of M'Bauni M'Meru Kanegene (Deceased) (Succession Cause 677 of 2015) [2024] KEHC 3591 (KLR) (22 March 2024) (Ruling) Neutral citation: [2024] KEHC 3591 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT CHUKA SUCCESSION CAUSE 677 OF 2015 LW GITARI, J MARCH 22, 2024 IN THE MATTER OF THE ESTATE OF M’BAUNI M’MERU KANEGENE (DECEASED) CHARLES KAGORWE M’RUNJI.........ADMISTRATIX/APPLICANT VERSUS GRACE KAMBURA..............................................PROTESTOR IN THE MATTER OF GRACE KAMBURA ............................................................................... PROTESTOR RULING 1. The Petitioner/Applicant has filed this summons seeking an order that the certificate of confirmation of grant issued on 18/12/2015 and 28/1/2019 be and rectified to read M’Bauni M’Meru Kanegene alias M’Runchi Mukuura. That the certificate of confirmation of grant dated 28/1/2019 be rectified so as to include Plot No. M27 Chuka Township. It based on the ground that the deceased (applicant’s father) had entered into an agreement on 5/2/2008 to transfer the plot to Justin Kiruja M’Abuni but the transaction had not been concluded. 2. The applicant’s submits that the beneficiaries have signed a consent and there is no objection to have the grant rectified as prayed. 3. I have considered the application. I note that the beneficiaries have no objection to the rectification and have signed a consent to the rectification of the grant. The court has discretion to allow the rectification of the said grant. The rectification is necessary in order to bring this matter to a close. In the circumstances I find that the application has merits and I allow it as prayed. DATED, SIGNED AND DELIVERED AT CHUKA THIS 22ND DAY OF MARCH 2024. L.W. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3591/eng@2024-03-22 1
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