[2025] KEHC 1310 (KLR)
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that there was a clerical error in the Certificate of Confirmation of Grant regarding her share in L.R Number 209/4372. The error was confirmed by the other beneficiaries, who did not object to the rectification. The...
Source-derived case information.
- Citation
- [2025] KEHC 1310 (KLR)
- Parties
- Applicant: Hellen Njoki Njoroge; Respondent: Lee Mbugua Njoroge; Respondent: Peter Davis Wanyoro; Respondent: Simon Kioria Njoroge
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E069 of 2022
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Rectification of Grant, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Njoki Njoroge
Applicant
Lee Mbugua Njoroge
Respondent
Peter Davis Wanyoro
Respondent
Simon Kioria Njoroge
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 reflect the correct share of Hellen Njoki Njoroge in L.R Number 209/4372 as 1/14th instead of 1/5th.
- 2 Whether the rectified Certificate of Confirmation of Grant should be issued accordingly.
Ratio Decidendi
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that there was a clerical error in the Certificate of Confirmation of Grant regarding her share in L.R Number 209/4372. The error was confirmed by the other beneficiaries, who did not object to the rectification. The court held that, in accordance with Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, it had the power to rectify the grant to correct such errors. The rectification did not affect the substance of the grant or prejudice any party, as all beneficiaries consented. Therefore, the court allowed the application and ordered the...
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued to Hellen Njoki Njoroge on 23rd February, 2023, is rectified to reflect her share in L.R Number 209/4372 as 1/14th instead of 1/5th.
- A rectified Certificate of Confirmation of Grant shall be issued accordingly.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of James Njoroge Mbugua (Deceased) (Succession Cause E069 of 2022) [2025] KEHC 1310 (KLR) (5 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1310 (KLR)
Republic of Kenya
In the High Court at Kiambu
Succession Cause E069 of 2022
DO Chepkwony, J
February 5, 2025
Ruling
1. The matter is coming up for hearing of Summon for Rectification of Grant dated 22nd December, 2024, in which the Applicant, Hellen Njoki Njoroge who is an Administrator in the estate of James Njoroge Mbugua, the deceased is seeking for orders:a.That the Certificate of Confirmation of Grant issued to the said Hellen Njoki Njorogein this matter on the 23rd day of February, 2023, be rectified to correctly reflect the name of Hellen Njoki Njoroge in L.R Numbe4r 209/4372 as 1/14th instead of 1/5th, as erroneously listed in the said certificate.b.That the rectified Certificate of Confirmation of Grant be issued accordingly.
2. The application is premised on the grounds set out on its face and Supporting Affidavit of Hellen Njoki Njorogesworn on 22nd December, 2024. The application is also supported by the annexures attached to the Supporting Affidavit: -a.A copy of deceased’s Death Certificate, “Exhibit 1”.b.A copy of the Grant and Certificate of Confirmation of Grant, “Exhibit 2”.c.A copy of the Certificate of Confirmation of Grant in the Estate of Sospeter Mbugua Munyui, “Exhibit 3”.d.A copy of the Sale Agreement “Exhibit 4”.e.A copy of their consents, “Exhibit 5”.
3. The other beneficiaries Lee Mbugua Njoroge of ID No. 293758, Peter Davis Wanyoro of ID No. 411XXX and Simon Kioria Njoroge of ID No. 32XXXX were in attendance and they confirmed the error on the Certificate of Confirmation of Grant issued to Hellen Njoki Njoroge,the Applicant/Administrator issued on 23rd February, 2023, and had no objection to the same being rectified.
4. I have perused the annexures annexed to the Supporting Affidavit and find the same confirming the prayers being sought.
5. The application is therefore unopposed and this court proceeds to allow the same as follows:a.The Certificate of Confirmation of Grant issued to Hellen Njoki Njorogeon 23rd of February, 2023, be and is hereby rectified to correctly reflect the share of Hellen Njoki Njoroge in L.R Number 209/4372 as 1/14th instead of 1/5th as erroneously listed in the said certificate.b.The rectified Certificate of Confirmation of Grant be and is hereby issued accordingly.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF FEBRUARY, 2025D. O. CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantMs. Ng’ang’a Counsel for Applicant and other Beneficiaries