[2016] KEHC 6758 (KLR)
The court found that it is both lawful and necessary to rectify the certificate of confirmed grant to accurately reflect the correct names of the beneficiaries. The Judge emphasized that the court, under the supervision of the Deputy Registrar, is responsible for typing and verifying the correctness of the names and...
Source-derived case information.
- Citation
- [2016] KEHC 6758 (KLR)
- Parties
- Applicant: Public Trustee
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 9 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Confirmed Grant
- Outcome
- application for rectification of confirmed grant allowed
- Judges
- GMA Dulu
- Legal Topics
- Succession, Rectification of Grant, Beneficiaries Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be rectified to reflect the correct names of beneficiaries.
Ratio Decidendi
The court found that it is both lawful and necessary to rectify the certificate of confirmed grant to accurately reflect the correct names of the beneficiaries. The Judge emphasized that the court, under the supervision of the Deputy Registrar, is responsible for typing and verifying the correctness of the names and distributed assets before the Judge signs the certificate. The application for rectification was therefore allowed, and the process for preparing the rectified certificate was outlined to ensure compliance with legal requirements and accuracy.
Court Disposition
application for rectification of confirmed grant allowed
Orders
- The certificate of confirmed grant shall be rectified to reflect the correct names of beneficiaries.
- The rectified certificate of grant will be typed by court officials and verified by the Deputy Registrar before being signed by the Judge.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 9 OF 2014
IN THE MATTER OF THE ESTATE OF HASSAN OMAR FARAH (DECEASED).
RULING
I have considered the Chamber Summons dated 18th November 2015 filed by the Public Trustee for rectification of confirmed grant in order to include in the certificate of confirmed grant the correct names of beneficiaries.
While I allow the application for rectification of confirmed grant, to reflect the correct beneficiaries as required by law, I wish to state for the record that it is the duty and responsibility of the court, under the supervision of the Deputy Registrar in Succession Causes emanating from the High Court, to type and verify the correctness of the names of the deceased and beneficiaries, and the assets distributed, from the documents filed by the Public Trustee, or administrators.
The rectified certificate of grant will therefore be typed by court officials and verified by the Deputy Registrar, before the Judge signs the certificate.
Dated and delivered at Garissa this 23rd day of February 2016.
GEORGE DULU
JUDGE