[2023] KEHC 2991 (KLR)
The court found that the omission of Ashvinder Singh Dhanjal's name from the certificate of confirmation of grant was a clerical error attributable to the court. Since there was no objection and no prejudice would be caused to the estate or beneficiaries, the court held that the application for rectification was...
Source-derived case information.
- Citation
- [2023] KEHC 2991 (KLR)
- Parties
- Applicant: Harjot Singh Dhanjal; Applicant: Ashvinder Singh Dhanjal
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 8 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Rectification of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harjot Singh Dhanjal
Applicant
Ashvinder Singh Dhanjal
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 include the omitted administrator, Ashvinder Singh Dhanjal.
Ratio Decidendi
The court found that the omission of Ashvinder Singh Dhanjal's name from the certificate of confirmation of grant was a clerical error attributable to the court. Since there was no objection and no prejudice would be caused to the estate or beneficiaries, the court held that the application for rectification was merited. The court exercised its power under Section 74 of the Law of Succession Act to rectify the certificate of confirmation of grant to include Ashvinder Singh Dhanjal as an administrator alongside Harjot Singh Dhanjal.
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant of probate of the estate of Dhanjal Satwant Singh is rectified to include Ashvinder Singh Dhanjal as administrator alongside Harjot Singh Dhanjal.
- A fresh rectified certificate of grant of probate to issue forthwith.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Dhanjal Satwant Singh (Deceased) (Succession Cause 8 of 2020) [2023] KEHC 2991 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2991 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 8 of 2020
RE Aburili, J
March 24, 2023
Ruling
1. The Grant of Probate of Written Will of the estate of Dhanjal Satwant Singh alias Satwant Singh Dhanjal was made on November 3, 2029 and confirmed on February 16, 2022.
2. The Administrators are Harjot Singh Dhanjal and Ashvinder Singh Dhanjal as per the grant issued on November 3, 2019. However, when the grant was confirmed on February 16, 2022, the certificate of confirmation only listed one administrator, Harjot Singh Dhanjal and left out the other administrator Ashvinder Singh Dhanjal.
3. The administrators have by this application dated October 27, 2022 by way of summons for rectification of grant sought the said certificate of confirmation rectified to include the name of the second administrator.
4. There is no objection or prejudice that will be occasioned to the estate or beneficiaries as the error is that of omission by the court issuing the certificate of confirmation.
5. I find the application is merited. I allow it and order that the certificate of confirmation of grant of probate of the estate of Dhanjal Satwant Singh alias Satwant Singh Dhanjal is hereby rectified to include the name of Ashvinder Singh Dhanjal as one of the administrators of the said estate, alongside Harjot Singh Dhanjal.
6. A fresh rectified certificate of grant of probate to issue forthwith.
7. I so order.
8. The administrators’ counsel to be notified.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R E ABURILIJUDGE