[2007] KEHC 715 (KLR)
The court found that the error in the deceased's name was genuine and arose from the initial death certificate. Since the death certificate has been rectified, and section 74 of the Law of Succession Act empowers the court to correct such errors, the court allowed the application to amend the deceased's name in the...
Source-derived case information.
- Citation
- [2007] KEHC 715 (KLR)
- Parties
- Applicant: A.A. Sale Mohamed; Applicant: M.H. aGorawala
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 169 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons to Amend Name in Grant
- Outcome
- summons allowed
- Legal Topics
- Correction of Errors, Probate and Administration, Grant Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A.A. Sale Mohamed
Applicant
M.H. aGorawala
Applicant
Procedural Posture
Succession Cause / Ruling on Summons to Amend Name in Grant
Legal Issues
- 1 Whether the court has power to correct an error in the name of the deceased in the grant and pleadings.
- 2 Whether the mistake in the deceased's name was genuine and warrants correction.
Ratio Decidendi
The court found that the error in the deceased's name was genuine and arose from the initial death certificate. Since the death certificate has been rectified, and section 74 of the Law of Succession Act empowers the court to correct such errors, the court allowed the application to amend the deceased's name in the grant and pleadings to reflect the correct name, Fatumabhai Haji Kassam.
Court Disposition
summons allowed
Orders
- The summons dated 18th November 2005 is allowed as prayed. The deceased's name in the grant and pleadings shall be amended to read Fatumabhai Haji Kassam instead of Fatumabhai Haji Abdulrahim.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
Succession Cause 169 of 2004
IN THE MATTER OF THE ESTATE OF FATUMA HAJI ABDULRAHMAN (DECEASED)
R U L I N G
By a summons dated 18th November 2005, the Petitioners, namely A.A. sale Mohamed and M.H. aGorawala sought to have the deceased’s named corrected to read Fatumabhai Haji Kassam instead of Fatumabhai Haji Abdulrahim. The summons is taken out pursuant to rule 43(1) of the Probate and Adminstration Rules. It is supported by the affidavit jointly sworn by the petitioners.
It is the argument of Mr. Kiume Kioko advocate that the mistake arose from the death certificate which was issued to the Petitioner’s. that certificate has now been rectified hence the pleadings and the grant should be amended to accommodate the corrections.
I have considered the arguments put forward by the petitioners’ advocate. I have also considered the grounds set out in the summons and the facts deponed on affidavit. A careful reading f section 74 of the Law of Succession Act will reveal that this court has the power to make an order correcting errors in names and descriptions. I am convinced that the mistake pointed out was genuinely made. Consequently the summons dated 18th November 2005 is allowed as prayed.
Dated and delivered at Mombasa this 30th day of April 2007
J.K. SERGON
J U D G E
In open court in the absence of the parties with notice