[2025] KEHC 4911 (KLR)
The court found that the applicant had satisfactorily explained the mutation of parcel 491 through the further affidavit. As a result, the court was satisfied that the application was deserving and allowed the amendment of the Certification of Confirmation of Grant in terms of the prayers sought. The court exercised...
Source-derived case information.
- Citation
- [2025] KEHC 4911 (KLR)
- Parties
- MISSING: Gibson Guandaru Maina (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2759 of 1997
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Confirmation of Grant
- Outcome
- application allowed
- Judges
- CJ Kendagor
- Legal Topics
- Succession, Confirmation of Grant, Amendment of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson Guandaru Maina (Deceased)
MISSING
Procedural Posture
Succession Cause / Ruling on Application to Amend Confirmation of Grant
Legal Issues
- 1 Whether the application to amend the Certification of Confirmation of Grant in respect of parcel 491 should be allowed.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the mutation of parcel 491 through the further affidavit. As a result, the court was satisfied that the application was deserving and allowed the amendment of the Certification of Confirmation of Grant in terms of the prayers sought. The court exercised its discretion under the Law of Succession Act to ensure the grant reflects the true position of the estate.
Court Disposition
application allowed
Orders
- The application dated 9th September, 2024 is allowed in terms of prayer No. 3.
- The Certification of Confirmation of Grant shall be amended accordingly.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Gibson Guandaru Maina (Deceased) (Succession Cause 2759 of 1997) [2025] KEHC 4911 (KLR) (Family) (7 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4911 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2759 of 1997
CJ Kendagor, J
April 7, 2025
IN THE MATTER OF THE ESTATE OF GIBSON GUANDARU MAINA
Ruling
1. I have considered the Application dated 9th September, 2024 and the Further Affidavit sworn on 5th March, 2025 that explains how the mutation of the parcel 491 came about.
2. In light of the same, I am satisfied that the application is deserving.
3. The same is allowed in terms of prayer No. 3.
4. The Certification of Confirmation of Grant shall be amended accordingly.
DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 7TH DAY OF APRIL, 2025. .........................C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. J. Wanjohi Advocate for Applicant