[2019] KEHC 6291 (KLR)

[2019] KEHC 6291 (KLR)

The court found that the application for rectification was merited as it sought to correct the description of the estate property in the Certificate of Confirmation of Grant. The substitution of the correct land reference numbers was necessary to ensure proper administration and distribution of the estate. There was...

Source-derived case information.

Citation
[2019] KEHC 6291 (KLR)
Parties
Applicant: Jane Wairimu Munuhe; Applicant: Fredrick Murage Munuhe
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Succession Cause 66 of 2016
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
application allowed
Judges
DW Mbuteti
Legal Topics
Rectification of Grant, Confirmation of Grant, Administration of Estates
Source Language
en
Family and Children Rectification of Grant Confirmation of Grant Administration of Estates

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Parties

Jane Wairimu Munuhe

Applicant

Fredrick Murage Munuhe

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the Certificate of Confirmation of Grant should be rectified to substitute the correct land reference numbers for the estate property.

Ratio Decidendi

The court found that the application for rectification was merited as it sought to correct the description of the estate property in the Certificate of Confirmation of Grant. The substitution of the correct land reference numbers was necessary to ensure proper administration and distribution of the estate. There was no opposition to the application, and the supporting affidavits established the need for rectification. The court therefore allowed the application and ordered the rectification as prayed.

Court Disposition

application allowed

Orders

  • The Certificate of Confirmation of Grant dated 22nd and issued on 28th February, 2018 is to be rectified by substituting LR Number 23391/6 and LR Number 23391/5 in place of Nakinya Housing Company LR No 7340/24 Site No 4 and Nakinya Housing Company LR No 7340/24 Site No 5.