[2017] KEHC 2389 (KLR)
The court found that the application for rectification of grant was unsupported by the record, as there was no evidence of Peninah Wanjiru Mathenge as administrator or of Joseph Kirichu Mathenge as a beneficiary. The only grant on file was issued to John Kariithi Thiongo. Therefore, the application was deemed...
Source-derived case information.
- Citation
- [2017] KEHC 2389 (KLR)
- Parties
- Applicant: John Karuthi Thiongo; Respondent: James Kariuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 96 of 2010
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application struck out
- Legal Topics
- Rectification of Grant, Succession Procedure, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Karuthi Thiongo
Applicant
James Kariuki
Respondent
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 name of a beneficiary from Joseph Kiruhi Mathenge to Joseph Kirichu Mathenge.
- 2 Whether the applicant has locus standi or proper basis to seek rectification given the record of the file.
Ratio Decidendi
The court found that the application for rectification of grant was unsupported by the record, as there was no evidence of Peninah Wanjiru Mathenge as administrator or of Joseph Kirichu Mathenge as a beneficiary. The only grant on file was issued to John Kariithi Thiongo. Therefore, the application was deemed misplaced and unrelated to the pleadings and documents on record. The court exercised its discretion to strike out the application as it lacked merit and foundation in the file.
Court Disposition
application struck out
Orders
- The summons for rectification of grant dated 5/6/2014 is struck out.
- Costs be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA
HIGH COURT SUCCESSION CAUSE NO. 96 OF 2010
IN THE MATTER OF THE ESTATE OF HARRISON THIONGO NDEGWA alias THIONGO NDEGWA (DECEASED)
JOHN KARUTHI THIONGO............APPLICANT
-V E R S U S -
JAMES KARIUKI.........................RESPONDENT
R U L I N G
What is before me is the summons for rectification of grant dated 5/6/2014 seeking orders; -
1. That the certificate of confirmation of grant issued herein to the applicant on 20/12/13 be rectified indicating the name Joseph Kiruhi Mathenge instead of Joseph Kirichu Mathenge
2. Costs be in the cause.
It is supported by the affidavit shown by the administrator/applicant Peninah Wanjiru Mathenge who avers that the grant was confirmed on 20/12/13 contained errors in the description of one of the beneficiaries whose name was given as JOSEPH KIRUHI MATHENGE instead of JOSEPH KIRICHU MATHENGE.
Rectification of grant is provided for under s.74 of Laws of Succession Act and Rule 43 of the Probate and Administration Rules – where the court is empowered to amend on the grant including the names and description of any person –
I have perused the entire record – I have found no particulars of Peninah Wanjiru Mathenge as the administrator nor any particulars of one Joseph Kirichu Mathenge what is on the file is a grant issued to John Kariithi Thiongo on 4/2/2011.
I think this application is misplaced as it has nothing to do with all the other pleadings in the file. The same is struck out.
Dated, Signed and delivered at this 13th Day of June 2017 at Nyeri.
TERESIA MATHEKA
JUDGE
In the presence of,
Mr. King’ori for the applicant
Court Assistant …. Harriet