[2024] KEHC 6196 (KLR)
The court found that the Certificate of Confirmation of Grant dated December 3, 2014, did not accurately describe the deceased's estate, as it omitted the specific land reference number (15) necessary for proper identification and implementation of the grant. The omission rendered the grant incapable of being...
Source-derived case information.
- Citation
- [2024] KEHC 6196 (KLR)
- Parties
- Applicant: George Mutai Mugaa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 419 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mutai Mugaa
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to reflect the correct land reference number of the deceased's estate.
- 2 Whether the land registrar should dispense with the production of the original title for LR. Ntimiriti/settlement Scheme/15.
Ratio Decidendi
The court found that the Certificate of Confirmation of Grant dated December 3, 2014, did not accurately describe the deceased's estate, as it omitted the specific land reference number (15) necessary for proper identification and implementation of the grant. The omission rendered the grant incapable of being implemented. The court further accepted the applicant's explanation that the original title for LR. Ntimiriti/settlement Scheme/15 could not be traced. Consequently, the court exercised its powers under the Law of Succession Act to order rectification of the grant to reflect the correct title number and to direct the land registrar to dispense with the production of the original...
Court Disposition
application allowed
Orders
- The land registrar shall dispense with the production of the original title for LR. Ntimiriti/settlement Scheme/15 on the ground that it cannot be traced.
- The Certificate of Confirmation of Grant dated December 3, 2014 shall be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme/15.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Francis Muga M'Rimberia (Deceased) (Succession Cause 419 of 2013) [2024] KEHC 6196 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6196 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 419 of 2013
TW Cherere, J
May 23, 2024
IN THE MATTER OF THE ESTATE OF FRANCIS MUGA M’RIMBERIA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR RECTIFICATION BY
In the matter of
George Mutai Mugaa
Applicant
Ruling
1. A green card filed at the time of filing this cause reveals that deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme /15.
2. The Certificate of Confirmation of Grant dated 03rd December, 2014 described the deceased’s estate as comprised in LR. Ntimiriti/settlement Scheme thereby omitting the number 15 from the order on distribution.
3. By summons dated 08th March, 2024 supported by Applicant’s affidavit sworn on even date, Applicant seeks orders that:1. The land registrar dispenses with the production of the original title for LR. Ntimiriti/settlement Scheme /15 on the ground that it cannot be traced2. The grant be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /15
4. Having considered the summons, I find that the Certificate of Confirmation of Grant dated December 3, 2014 does not give the correct description of deceased’s estate and is incapable of being implemented.
5. It is therefore hereby ordered as follows;1. The land registrar shall dispense with the production of the original title for LR. Ntimiriti/settlement Scheme/15 on the ground that it cannot be traced2. The Certificate of Confirmation of Grant dated December 3, 2014 shall be amended to reflect the correct title number as LR. Ntimiriti/settlement Scheme /153. Mention on October 3, 2024 to confirm transmission
DATED AT MERU THIS 23RD DAY OF MAY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MunenePetitioner/Applicant - Present in person