[2016] KEHC 2421 (KLR)
The court found that the omission of the 2nd Petitioner, Jacquiline Muthoki Mutua, from the certificate of confirmation of grant was a clerical error. Both petitioners were originally issued the grant jointly, and all beneficiaries have consented to the rectification. There was no objection to the application. The...
Source-derived case information.
- Citation
- [2016] KEHC 2421 (KLR)
- Parties
- Applicant: Jacinta Koki Mutua; Applicant: Jacquiline Muthoki Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 43 of 2002
- Procedural Posture
- Probate and Administration / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Letters of Administration, Confirmation of Grant, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Koki Mutua
Applicant
Jacquiline Muthoki Mutua
Applicant
Procedural Posture
Probate and Administration / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the omission of the 2nd Petitioner, Jacquiline Muthoki Mutua, from the certificate of confirmation of grant can be rectified under the law.
- 2 Whether all beneficiaries have consented to the rectification of the grant.
Ratio Decidendi
The court found that the omission of the 2nd Petitioner, Jacquiline Muthoki Mutua, from the certificate of confirmation of grant was a clerical error. Both petitioners were originally issued the grant jointly, and all beneficiaries have consented to the rectification. There was no objection to the application. The court held that such an error is curable under the law and allowed the application for rectification of grant as prayed.
Court Disposition
application allowed
Orders
- The summons for rectification of grant is allowed as prayed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
PROBATE & ADMINISTRATION CAUSE NO.43 OF 2002
IN THE MATTER OF THE ESTATE OF DOUGLAS FRANCIS
PETER MUTUA alias MUTISYA (DECEASED)
JACINTA KOKI MUTUA
JACQUILINE MUTHOKI MUTUA.....APPLICANTS/ PETITIONERS
RULING
1. The summons for Rectification of Grant before the court is dated and filed herein on 17th May, 2016. The application seeks to secure an order that the name Jacquiline Muthoki Mutua the 2nd Petitioner herein be included in the Certification of confirmation of Grant.
2. The Grant of letter of Administration intestate was issued to the Petitioners on the 27th June, 2002 and the confirmation of Grant was issued on the 22nd January, 2007 to Jacinta Koki Mutua, leaving out Jacquiline Muthoki Mutua. This application seeks to rectify that anomally.
3. The application is supported by affidavit of both Petitioners sworn and filed herein on 17th May, 2016.
4. I have carefully considered the application. I have also confirmed from the court record that the Letters of Administration intestate were issued for the two Petitioners jointly on 27th June, 2002 and the same was confirmed on 22nd January, 2007 but the 2nd Petitioner’s name was left out. That was a mistake that can be cured by this application. Indeed both Petitioners have filed this application and there is no objection. All the beneficiaries have also consented for the rectification vide a consent filed herein on 17th May, 2016.
5. In the upshot the Summons for Rectification of Grant under reference is hereby allowed as prayed with costs in the cause.
Read, Delivered and Dated this 14th day of September, 2016.
E.K. OGOLA
JUDGE