[2022] KEHC 2509 (KLR)
The court found that since both James Mwaniki Kamano and Ernest Nganga Wang’ae were petitioners in the succession cause, fairness and proper administration of the estate required that both be reflected as joint holders in the Certificate of Confirmation of Grant. The omission of one petitioner was an error that...
Source-derived case information.
- Citation
- [2022] KEHC 2509 (KLR)
- Parties
- Applicant: James Mwaniki Kamano; Applicant: Ernest Nganga Wang’ae
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 79 of 2015
- Procedural Posture
- Succession Cause / Ruling on Rectification of Certificate of Confirmation of Grant
- Outcome
- Certificate of Confirmation of Grant rectified to include both petitioners as joint holders.
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwaniki Kamano
Applicant
Ernest Nganga Wang’ae
Applicant
Procedural Posture
Succession Cause / Ruling on Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether both petitioners should be reflected as joint holders in the Certificate of Confirmation of Grant.
Ratio Decidendi
The court found that since both James Mwaniki Kamano and Ernest Nganga Wang’ae were petitioners in the succession cause, fairness and proper administration of the estate required that both be reflected as joint holders in the Certificate of Confirmation of Grant. The omission of one petitioner was an error that warranted rectification to accurately represent the parties entitled to administer the estate. The court exercised its discretion to order the rectification of the certificate to include both petitioners.
Court Disposition
Certificate of Confirmation of Grant rectified to include both petitioners as joint holders.
Orders
- The Certificate of Confirmation of Grant issued on 24th November, 2016 shall be rectified to indicate that the grant was issued to both James Mwaniki Kamano and Ernest Nganga Wang’ae.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
SUCCESSION CAUSE NO. 79 OF 2015
IN THE MATTER OF THE ESTATE OF ERNEST KAMANU MAGE alias KAMANU MAGE (DECEASED)
JAMES MWANIKI KAMANO............................................1ST PETITIONER
AND
ERNEST NGANGA WANG’AE........................................2ND PETITIONER
RULING
1. I have heard the 2 (two) Applicants/Petitioners. Since they were both Petitioners, it is only right that in the Certificate of Confirmation of Grant, both are shown as having been issued with the Certificate of Grant.
2. Accordingly the Certificate of Confirmation of a Grant issued on 24th November, 2016 shall be rectified to indicate that the grant was issued to both James Mwaniki Kamano and Ernest Nganga Wang’ae.
DATED AND DELIVERED AT NAIVASHA THIS 31ST DAY OF JANUARY, 2022.
G. W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. James Mwaniki Kamano - 1st Petitioner
2. Ernest Nganga Wang’ae - 2nd Petitioner