[2017] KEHC 9178 (KLR)

[2017] KEHC 9178 (KLR)

The court found that the applicants had provided sufficient evidence, including title deeds, to demonstrate that the property originally listed as LR Kajiado/Ntashart/755 had been subdivided into three parcels (Kajiado/Ntashart/5033, 5034, and 5035) registered in the name of the deceased and two co-owners. There...

Source-derived case information.

Citation
[2017] KEHC 9178 (KLR)
Parties
Applicant: Applicants/Administrators (names not specified); Respondent: Estate of Isaiah Kibinge Muguku (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 2929 of 2008
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
application allowed
Legal Topics
Rectification of Grant, Confirmation of Grant, Succession Procedure
Source Language
en
Family and Children Rectification of Grant Confirmation of Grant Succession Procedure

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Parties

Applicants/Administrators (names not specified)

Applicant

Estate of Isaiah Kibinge Muguku (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to reflect the subdivision of LR Kajiado/Ntashart/755 into Kajiado/Ntashart/5033, 5034 and 5035 in the names of the deceased and two co-owners.

Ratio Decidendi

The court found that the applicants had provided sufficient evidence, including title deeds, to demonstrate that the property originally listed as LR Kajiado/Ntashart/755 had been subdivided into three parcels (Kajiado/Ntashart/5033, 5034, and 5035) registered in the name of the deceased and two co-owners. There being no objection to the application, the court exercised its discretion under the Law of Succession Act to allow the rectification of the certificate of confirmation of grant as prayed, ensuring that the grant accurately reflected the current status of the estate property.

Court Disposition

application allowed

Orders

  • The certificate of confirmation of grant issued on 16/9/2016 is rectified to substitute LR Kajiado/Ntashart/755 with Kajiado/Ntashart/5033, 5034 and 5035, all in the names of the deceased and two other joint owners.