[2018] KEHC 8461 (KLR)
The court found that the misdescription of the land reference number in the certificate of confirmation of grant was a clerical error, curable under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The court also accepted the applicant's explanation regarding the shares...
Source-derived case information.
- Citation
- [2018] KEHC 8461 (KLR)
- Parties
- Applicant: Faith Njoki Ngigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2058 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application partly allowed.
- Legal Topics
- Rectification of Grant, Misdescription of Property, Shares Distribution, Probate and Administration, Beneficiaries, Law of Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Njoki Ngigi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct the misdescription of the land reference number.
- 2 Whether references to shares in various companies should be amended to reflect the correct CDS account numbers.
- 3 Whether David Christopher Gitau and Peter Chege Gitau should be included as beneficiaries of the shares.
Ratio Decidendi
The court found that the misdescription of the land reference number in the certificate of confirmation of grant was a clerical error, curable under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The court also accepted the applicant's explanation regarding the shares and allowed the rectification to reflect the correct CDS account numbers. However, the court declined to include David Christopher Gitau and Peter Chege Gitau as beneficiaries of the shares, as there was no evidence that they were dependants of the estate or that their inclusion as beneficiaries was justified.
Court Disposition
Application partly allowed.
Orders
- Certificate of confirmation of grant to be rectified to reflect LR No. Nairobi/Block 76/391 instead of LR No. Nairobi 76/931/752.
- References to shares in Barclays Bank Ltd, CMC Holdings Ltd, Eveready East Africa Ltd, Kenya Commercial Bank Ltd, Mumias Sugar Company Ltd, Olympia Capital Holdings Ltd, and Scangroup Ltd to be amended to reflect CDS Account Nos. B07/37/3765733-LI and B07/7031513-LI.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
SUCCESSION CAUSE NO. 2058 OF 2014
IN THE MATTER OF THE ESTATE OF DAVID
CHRISTOPHER GITAU (DECEASED)
RULING
1. Through summons dated 8th November 2017 but filed on 4th December 2017, the applicant herein sought orders amending and or rectifying certificate of confirmation of grant dated 5th June 2017 so as to correct LR No. Nairobi 76/931/752 which was erroneously reflected as such in the said grant instead of LR 76/391.
2. The applicant further prayed that reference to the 2000 shares in Barclays Bank Ltd, 1200 shares with CMC Holdings Ltd (now Al-Futtaim), 2000 shares with Eveready East Africa Ltd., 555 shares with Kenya Commercial Bank Ltd, 1000 shares with Mumias Sugar Company Ltd, 800 shares with Olympia Capital Holdings Ltd and 1000 shares with Scangroup Ltd be rectified and amended so as to read as follows:
i. CDS Account No. 307/3765733. LI in the name of David Christopher Gitau.
ii. CDS Account No. 307/7031513-LI jointly held by Peter Chege Gitau and David Christopher Gitau.
3. Application which is filed under Section 74 of the Law of Succession Act and rule 43 of the Probate and Administration rules, is premised on grounds on the face of it and affidavit in support sworn on 8th November 2017 by Faith Njoki Ngigi.
4. I have carefully considered the application herein and affidavit in support. Upon perusal of the affidavit in support of the application for confirmation of grant dated 21st March 2017, it is apparent that the applicant had sought distribution of LR Nairobi Block 76/931/752 culminating to the confirmation of grant reflecting the said number. However, having gone through the title deed in respect of the said property, it is clear that the actual land reference is Nairobi/Block 76/391. Accordingly, it was an error based on misdescription of the property which is curable under Section 74 of the Law of Succession and Rule 43 of the Probate and Administration rules. Prayer (1)(a) is therefore allowed as prayed.
5. Regarding prayer (1) (b) in respect of wrong reference to shares in Barclays Bank, CMC holdings, Eveready, Kenya Commercial Bank, Mumias Sugar, Olimpia Capital Holdings Ltd and Scangroup, sufficient explanation was given hence the same shall henceforth be referred to as CDS Account Nos. B07/37/3765733-LI and B07/7031513-LI. However, the same shares shall remain being held by the applicant as per the original confirmed grant.
6. As to the inclusion of David Christopher Gitau and Peter Chege Gitau as beneficiaries of the aforesaid shares, the same is not applicable since they are not dependants of the estate and their inclusion as beneficiaries has not been explained hence the same is disallowed. Regarding costs, the same shall abide by the cause.
SIGNED, DATED AND DELIVERED AT NAIROBI ON THIS 14th DAY OF FEBRUARY, 2018.
J.N. ONYIEGO (JUDGE)
In the presence of:
Mr Chege H/brief for Mr. Gacheru.…counsel for the applicant
Mr.Edwin………………………………………..Court Assistant