[2020] KEHC 8609 (KLR)
The court found that the omission of property Ngenda/Gathage/T.21 from the certificate and confirmation of grant was inadvertent. Upon considering the application, supporting affidavit, and annexures, the court was satisfied that the requirements for rectification under Section 74 of the Law of Succession Act had...
Source-derived case information.
- Citation
- [2020] KEHC 8609 (KLR)
- Parties
- Applicant: Allan Githinji Kamunyu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 107 of 1993
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- A Ali-Aroni
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Succession Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan Githinji Kamunyu
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant should be rectified to include property Ngenda/Gathage/T.21 that was inadvertently omitted.
- 2 Whether the omitted property should be registered in favour of the buyers Edward Mbucho Mungai and Anne Wanjiku Wairimu.
Ratio Decidendi
The court found that the omission of property Ngenda/Gathage/T.21 from the certificate and confirmation of grant was inadvertent. Upon considering the application, supporting affidavit, and annexures, the court was satisfied that the requirements for rectification under Section 74 of the Law of Succession Act had been met. The court therefore granted the prayers sought, allowing the rectification of the grant to include the omitted property and for it to be registered in favour of the named buyers.
Court Disposition
Application for rectification of grant allowed.
Orders
- The grant is rectified to include property Ngenda/Gathage/T.21.
- Property Ngenda/Gathage/T.21 to be registered in favour of Edward Mbucho Mungai and Anne Wanjiku Wairimu.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 107 OF 1993
IN THE MATTER OF THE ESTATE OF EVANSON KAMUNYU THWAGE ALIAS KAMUNYU THWAGI (DECEASED)
ALLAN GITHINJI KAMUNYU......APPLICANT
R U L I N G
1. The application before court dated 26th of July 2019, seeks for rectification of grant so that the certificate and confirmation of grant would include property Ngenda/Gathage/T.21 that was inadvertently left out, secondly for the said property to be registered in favour of buyers Edward Mbucho MungaiandAnne Wanjiku Wairimu.
2. The application is based on the grounds on the face of the application and supported by the affidavit of Allan Githinji Kamunyu.
3. Having considered the application, supporting affidavit and annextures therein I grant prayers sought in the application.
Dated and Delivered in Nairobi on this30th day of January, 2020.
ALI-ARONI
JUDGE