[2018] KEHC 3664 (KLR)
The court found that there was an error in its previous ruling, which incorrectly stated that Esther Tirindi was deceased. Upon her personal appearance in court and presentation of her identification, the court was satisfied that the error was apparent on the face of the record. The court exercised its power of...
Source-derived case information.
- Citation
- [2018] KEHC 3664 (KLR)
- Parties
- Applicant: Esther Tirindi Ikubai; Applicant: Grace Mataria M’Ithili
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 231 of 2009
- Procedural Posture
- Succession Application / Ruling on Application for Review and Amendment of Certificate of Confirmation
- Outcome
- application for review allowed; certificate of confirmation amended
- Legal Topics
- Succession Review, Amendment of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Tirindi Ikubai
Applicant
Grace Mataria M’Ithili
Applicant
Procedural Posture
Succession Application / Ruling on Application for Review and Amendment of Certificate of Confirmation
Legal Issues
- 1 Whether the court should review its earlier ruling that erroneously indicated Esther Tirindi as deceased.
- 2 Whether the certificate of confirmation of grant should be amended to remove Solomon Kimaita and reinstate Esther Tirindi as a beneficiary.
Ratio Decidendi
The court found that there was an error in its previous ruling, which incorrectly stated that Esther Tirindi was deceased. Upon her personal appearance in court and presentation of her identification, the court was satisfied that the error was apparent on the face of the record. The court exercised its power of review to correct the mistake and ordered that the certificate of confirmation of grant be amended by removing the name of Solomon Kimaita as beneficiary and replacing it with Esther Tirindi.
Court Disposition
application for review allowed; certificate of confirmation amended
Orders
- The ruling delivered on 9th November 2017 is reviewed to correct the error regarding Esther Tirindi's status.
- The certificate of confirmation of grant is amended by removing the name of Solomon Kimaita as beneficiary and replacing it with Esther Tirindi.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CASE NO. 231 OF 2009
IN THE MATTER OF ESTATE OF JACOB MARETE ALIAS MARETE KAIBUI (DCD)
ESTHER TIRINDI IKUBAI
GRACE MATARIA M’ITHILI................................................................PETITIONERS
RULING
Application dated 24th July 2018 seeks that the court reviews its Ruling delivered on 9th November 2017 and consequently amend certificate of confirmation. The application is base on the grounds on the face of the application and affidavit in support sworn by Grace Mataria M’Ithili the 1st Administrator herein. The applicant sought that error made in the ruling indicating that Esther Tirindi is deceased be reviewed.
The said Esther Tirindi was presented by the Administrator in court on the day of interpartes Hg i.e 8. 8.2018 and her identification document also presented. Having seen Esther Tirindi in court in person this court reviews its ruling delivered on 9th November 2017 and hereby amends certificate of grant by removing the name of Solomon Kimaita as beneficiary and replace with Esther Tirindi.
Orders accordingly.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 27th DAY OF SEPTEMBER 2018.
IN THE PRESENCE OF:
C/A: Penina
Mr Mokua Advocate.
HON. A.ONG’INJO
JUDGE