[2010] KEHC 3563 (KLR)

[2010] KEHC 3563 (KLR)

The court found that the omission of the additional shares in NIC Bank Limited from the original grant was an error that could be rectified under the Law of Succession Act. The judge exercised the court's discretion to rectify the grant to ensure that all assets of the deceased were properly included for...

Source-derived case information.

Citation
[2010] KEHC 3563 (KLR)
Parties
Applicant: Chuninlal Khimji Devji Shah (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 311 of 2004
Procedural Posture
Succession Cause / Ruling on Rectification of Grant
Outcome
grant rectified
Legal Topics
Probate and Administration, Rectification of Grant
Source Language
en
Family and Children Probate and Administration Rectification of Grant

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Parties

Chuninlal Khimji Devji Shah (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Rectification of Grant

Legal Issues

  1. 1 Whether the grant of representation should be rectified to include additional shares in NIC Bank Limited.

Ratio Decidendi

The court found that the omission of the additional shares in NIC Bank Limited from the original grant was an error that could be rectified under the Law of Succession Act. The judge exercised the court's discretion to rectify the grant to ensure that all assets of the deceased were properly included for distribution to beneficiaries. The rectification was granted as prayed, ensuring the estate is administered in accordance with the law and the interests of justice.

Court Disposition

grant rectified

Orders

  • The grant is rectified to include the additional shares in NIC Bank Limited.