[2014] KEHC 5509 (KLR)
The court found that the application for rectification of the certificate of confirmation of grant was meritorious because the property in question, LR No. Mavoko Town Block 3/4357, had been subdivided into ten units, all of which devolved to the applicant. There was no evidence of prejudice to any other...
Source-derived case information.
- Citation
- [2014] KEHC 5509 (KLR)
- Parties
- Applicant: Sophia Kemunto Nyangai; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2771 of 2005
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Succession, Devolution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophia Kemunto Nyangai
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to reflect the subdivision of LR No. Mavoko Town Block 3/4357 into ten units in favour of the applicant.
Ratio Decidendi
The court found that the application for rectification of the certificate of confirmation of grant was meritorious because the property in question, LR No. Mavoko Town Block 3/4357, had been subdivided into ten units, all of which devolved to the applicant. There was no evidence of prejudice to any other beneficiary, and the rectification would ensure the certificate accurately reflected the current status of the estate property. Accordingly, the court allowed the application and ordered the amendment of the certificate to reflect the ten subdivisions in favour of the applicant.
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant shall be amended to reflect the devolution of the ten subdivisions of LR No. Mavoko Town Block 3/4357 in favour of Sophia Kemunto Nyangai.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 2771 OF 2005
IN THE MATTER OF THE BENARD ELIJA GETONTO – (DECEASED)
RULING
1. The application dated 16th May 2013 seeks rectification of the certificate of confirmation of grant last amended on 18th January, 2012.
2. At the time of confirmation, LR No. Mavoko Town Block 3/4357 devolved upon the applicant, Sophia Kemunto Nyangai. The said beneficiary has now come to court on the basis that the said property has been subdivided into ten (10) units. She would now like the certificate of confirmation of grant amended so as to reflect the said subdivisions.
3. There is merit in the said application. I hereby allow the same. The certificate of confirmation of grant shall be amended to reflect the devolution of the said 10 subdivisions in favour of Sophia Kemunto Nyangai.
4. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Mwangi for Mrs. Weya advocate for the applicant.