[2017] KEHC 2287 (KLR)
The court found that the discrepancy in the beneficiary's name between different paragraphs of the supporting affidavit was a typographical error. The applicant, as administrator, clarified the correct name. The court exercised its discretion under the Law of Succession Act to rectify the grant, holding that such...
Source-derived case information.
- Citation
- [2017] KEHC 2287 (KLR)
- Parties
- Applicant: Chelmith Wanjuku Gethi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 703 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- NA Matheka
- Legal Topics
- Rectification of Grant, Succession, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Chelmith Wanjuku Gethi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct the beneficiary's name due to a typographical error.
Ratio Decidendi
The court found that the discrepancy in the beneficiary's name between different paragraphs of the supporting affidavit was a typographical error. The applicant, as administrator, clarified the correct name. The court exercised its discretion under the Law of Succession Act to rectify the grant, holding that such correction was necessary to reflect the true intention and identity of the beneficiary. There was no evidence of fraud or substantive dispute regarding the identity of the beneficiary, and the error was purely clerical. Accordingly, the application for rectification was allowed and the certificate of confirmation of grant was ordered to be amended to reflect the correct name.
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant intestate shall be amended to correct the beneficiary's name to GEDION GACHIGI MACHARIA.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NUMBER 703 OF 2008
IN THE MATTER OF THE ESTATE OF GETHI MATHENGE MURAGA alias GETHE MATHENGE MURAGA (DECEASED)
CHELMITH WANJUKU GETHI………....……………PETITIONER /APPLICANT
RULING
Before me is the summons for rectification of grant dated 16th July 2015. It seeks that the certificate of confirmation of grant of letters intestate issued on 19th March 2015 be rectified by correcting the name of one of the beneficiaries to read GEDION GACHIGI MACHARIA.
According to the supporting affidavit the beneficiary’s name was misspelt during the typing of the grant as GEDION KARIUKI MACHARIA instead of GEDION GACHIGI MACHARIA
I have perused the affidavit in support of the summons for confirmation of grant of administration intestate. The name of the beneficiary is indicated as GEDION GACHIGI MACHARIA at paragraph 4 but at paragraph 5 which gives the mode of distribution, the name is GEDION KARIUKI MACHARIA.
The applicant administrator depones that this is a typing error.
Having considered the application and the supporting affidavit I allow the application, and order that the certificate of confirmation of grant intestate be amended accordingly.
Dated, delivered and signed this 25th May 2017 at Nyeri.
TERESIA MATHEKA
JUDGE