In re Estate of Terer (Deceased) (Succession Cause E019 of 2025) [2026] KEHC 4499 (KLR) (2 April 2026) (Ruling)

In re Estate of Terer (Deceased) (Succession Cause E019 of 2025) [2026] KEHC 4499 (KLR) (2 April 2026) (Ruling)

The applicants demonstrated a common mistake in the certificate of confirmation of grant, warranting rectification under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The court allowed the application for amendment of the grant in terms of the proposed distribution.

Citation
[2026] KEHC 4499 (KLR)
Parties
1st Applicant: Jane Jeptanui Ngisirei; 2nd Applicant: Rosa Jeptanui Terer
Court
High Court
Jurisdiction
Kenya
Judgment Date
2 April 2026
Case Number
Succession Cause E019 of 2025
Procedural Posture
Succession Cause / Ruling on Rectification of Grant
Outcome
Application for rectification of grant allowed
Legal Topics
Rectification of Grant, Distribution of Estate, Common Mistake
Source Language
English
Succession Law Rectification of Grant Distribution of Estate Common Mistake

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Parties

Jane Jeptanui Ngisirei

1st Applicant

Rosa Jeptanui Terer

2nd Applicant

Procedural Posture

Succession Cause / Ruling on Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to correct acreage and provide for distribution of specified properties
  2. 2 Whether the applicants have demonstrated a common mistake warranting rectification

Ratio Decidendi

The applicants demonstrated a common mistake in the certificate of confirmation of grant, warranting rectification under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The court allowed the application for amendment of the grant in terms of the proposed distribution.

Court Disposition

Application for rectification of grant allowed

Orders

  • Deputy Registrar to cause amendment of the grant dated 9th June 2025
  • No orders as to costs