[2017] KEHC 597 (KLR)
The court found that the evidence provided by the applicant, specifically the 'Debit Advice' document, sufficiently established that the KCB account in question belonged to the deceased. There being no opposition and the application being properly supported, the court exercised its discretion to rectify the...
Source-derived case information.
- Citation
- [2017] KEHC 597 (KLR)
- Parties
- Applicant: Mary Wandia Kabiru
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 661 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application granted
- Legal Topics
- Succession, Rectification of Grant, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wandia Kabiru
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to reflect the correct KCB account number belonging to the deceased.
Ratio Decidendi
The court found that the evidence provided by the applicant, specifically the 'Debit Advice' document, sufficiently established that the KCB account in question belonged to the deceased. There being no opposition and the application being properly supported, the court exercised its discretion to rectify the certificate of confirmation of grant to reflect the correct account number. The rectification was necessary to ensure the proper administration of the estate and to avoid any confusion or misappropriation of the deceased's assets. The court further ordered that there would be no order as to costs.
Court Disposition
application granted
Orders
- The certificate of confirmation of grant issued on 11th October is rectified for the KCB account number to read [particulars withheld].
- No orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT SUCCESSION CAUSE NO. 661 OF 2015
IN THE MATTER OF THE ESTATE OF JONAH KABIRU KIBUTHI alias JONAH KABIRU alias JONAH KABIRU S/O KIBUTHI (DECEASED)
MARY WANDIA KABIRU……………………….……………APPLICANT
RULING
Further to my orders of 30th May 2017, the applicant herein Mary Wandia Kabiru has filed a further affidavit sworn on 14th June 2017. Annexed to it is a document ‘Debit Advice’ for Account No. [particulars withheld] in the name of Jonah Kabiru Kibuthi, Kenya Commercial Bank, Karatina Branch. The account is also referenced as [particulars withheld]. The latter number is what appears in the application brought under certificate of urgency on 30th May 2017. It does show that the account belongs to the deceased. The application is granted as prayed.
The certificate of Confirmation of grant issued on 11th October is rectified for the KCB account number to read [particulars withheld].
No orders as to costs.
Dated, delivered and signed this 29th November 2017 at Nyeri
Teresia Matheka
Judge
In the presence of
Court Assistant Hariet
Applicant in person