[2024] KEHC 7098 (KLR)
The court found that sufficient evidence was provided to demonstrate that Sarafina Gacheri, previously a minor and beneficiary of the estate, had attained majority and is officially known as Saraffina Gacheri Koome. In accordance with Section 74 of the Law of Succession Act and Rule 43(1) of the Probate &...
Source-derived case information.
- Citation
- [2024] KEHC 7098 (KLR)
- Parties
- Applicant: Hellen Kerea; Applicant: Paulina Kaungu Mukangu; Respondent: Justus Mwawira Okilo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 101 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Trust for Minor, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hellen Kerea
Applicant
Paulina Kaungu Mukangu
Applicant
Justus Mwawira Okilo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to reflect the correct name and majority status of the beneficiary, Sarafina Gacheri.
- 2 Whether the court should amend the distribution of LR. Abothuguchi/Gaitu/2232 to the beneficiary now of age.
Ratio Decidendi
The court found that sufficient evidence was provided to demonstrate that Sarafina Gacheri, previously a minor and beneficiary of the estate, had attained majority and is officially known as Saraffina Gacheri Koome. In accordance with Section 74 of the Law of Succession Act and Rule 43(1) of the Probate & Administration Rules, the court held that it is empowered to rectify the Certificate of Confirmation of Grant to correct the beneficiary's name and status. The rectification ensures the proper and lawful distribution of the estate to the rightful beneficiary now of age, and the amended certificate is to issue accordingly.
Court Disposition
Application for rectification of grant allowed.
Orders
- Certificate of Confirmation of Grant dated 24th August, 2017 shall be amended to the extent that ½ acres of LR. Abothuguchi/Gaitu/2232 shall be distributed to Saraffina Gacheri Koome.
- Amended Certificate of Confirmation of Grant to issue accordingly.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Jamlick Koome Ukiiru (Deceased) (Succession Cause 101 of 2009) [2024] KEHC 7098 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7098 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 101 of 2009
TW Cherere, J
June 13, 2024
In the matter of
Hellen Kerea
1st Administrator
Paulina Kaungu Mukangu
2nd Administrator
Ruling
1. By Certificate of Confirmation of Grant dated 24th August, 2017, the court distributed ½ acres of LR. Abothuguchi/Gaitu/2232 to Sarafina Gacheri who was a minor and directed that the same be held in trust by Justus Mwawira Okilo.
2. Rectification of grant is provided for in Section 74 of the Law of Succession Act, Cap 160 Laws of Kenya and Rule 43(1) of the Probate & Administration Rules. Section 74 and it can be made to correct errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.
3. By summons dated 1st February, 2023 supported by an affidavit sworn on 1st February, 2023 by Hellen Kerea, it has been demonstrated by a copy of an identity card that Sarafina Gacheri is of age and is officially known as Saraffina Gacheri Koome.
4. From the foregoing, the application dated 29th January, 2023 is allowed in the following terms:1. Certificate of Confirmation of Grant dated 24th August, 2017 shall be amended to the extent that ½ acres of LR. Abothuguchi/Gaitu/2232 shall be distributed to Saraffina Gacheri Koome2. Amended Certificate of Confirmation of Grant to issue accordingly
DELIVERED AT MERU THIS 13TH DAY OF JUNE 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Kaimenyi for Kaimenyi Kithinji & Co. Advocates