[2019] KEHC 5182 (KLR)

[2019] KEHC 5182 (KLR)

The court found that the application for rectification was merited, having considered the affidavit and reasons provided. The judge determined that the name of James Mutuankio Michira on the certificate of title was erroneous and that it should be replaced with that of Kenya Commercial Bank Limited, the executor of...

Source-derived case information.

Citation
[2019] KEHC 5182 (KLR)
Parties
Applicant: Kenya Commercial Bank Limited; Respondent: Estate of Gladys Njeri (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 1181 of 2000
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Title
Outcome
application for rectification granted
Judges
A Ali-Aroni
Legal Topics
Rectification of Title, Administration of Estates, Executor Powers
Source Language
en
Family and Children Land and Property Rectification of Title Administration of Estates Executor Powers

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Parties

Kenya Commercial Bank Limited

Applicant

Estate of Gladys Njeri (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Title

Legal Issues

  1. 1 Whether the application for rectification of the certificate of title in respect of the estate property should be granted.
  2. 2 Whether the name of James Mutuankio Michira should be replaced with that of Kenya Commercial Bank Limited on the title.

Ratio Decidendi

The court found that the application for rectification was merited, having considered the affidavit and reasons provided. The judge determined that the name of James Mutuankio Michira on the certificate of title was erroneous and that it should be replaced with that of Kenya Commercial Bank Limited, the executor of the estate. The rectification was necessary to ensure the proper administration of the estate and to reflect the correct ownership of the property in question. The court exercised its discretion under the Law of Succession Act to order the rectification and cancellation of the erroneous entry, with costs to be in the cause.

Court Disposition

application for rectification granted

Orders

  • Entry No. 15 on the Certificate of Title Number L.R. No. 13248/1 in respect of L.R. No. 37/247/13 is cancelled and rectified so that the name of James Mutuankio Michira is replaced with that of Kenya Commercial Bank Limited.
  • Costs in the cause.