[2023] KEHC 19152 (KLR)
The court found that the applicant, as the sole administrator and only surviving child of the deceased, had demonstrated the necessity for rectification of the Certificate of Confirmation of Grant. The rectification sought was to correct the description of a property and to include an additional property that forms...
Source-derived case information.
- Citation
- [2023] KEHC 19152 (KLR)
- Parties
- Applicant: Jackline Waguthi Gichohi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 8 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- AK Ndung'u
- Legal Topics
- Rectification of Grant, Administration of Estates, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Waguthi Gichohi
Applicant
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 correct the description of Plot No. 297 Hookfarm to Gakawa Kahurura Block 3/Mwichwiri/297.
- 2 Whether property known as Gakawa Kahurura Block 3/Mwichwiri/470 should be included in the deceased's estate.
Ratio Decidendi
The court found that the applicant, as the sole administrator and only surviving child of the deceased, had demonstrated the necessity for rectification of the Certificate of Confirmation of Grant. The rectification sought was to correct the description of a property and to include an additional property that forms part of the deceased's estate. The court held that the orders sought were appropriate and necessary for the effective administration and eventual winding up of the estate. Accordingly, the application was allowed, and the Certificate of Confirmation of Grant was ordered to be rectified as prayed.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant dated February 8, 2018 and issued on February 22, 2018 is to be rectified by substituting Gakawa Kahurura Block 3/Mwichwiri/297 in place of Plot No. 297 Hookfarm.
- Property known as Gakawa Kahurura Block 3/Mwichwiri/470 is to be included in the Certificate of Confirmation of Grant.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Jane Muthoni Gichohi (Deceased) (Succession Cause 8 of 2017) [2023] KEHC 19152 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19152 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Succession Cause 8 of 2017
AK Ndung'u, J
June 29, 2023
In the matter of
Jackline Waguthi Gichohi
Administrator
Ruling
1. The ruling concerns the notice of motion application dated May 29, 2023 seeking for rectification of letters of administration issued to the administrator on February 8, 2018. The Application is supported by an affidavit of the Administrator herein. The Administrator had earlier moved this court vide summons for rectification of grant dated February 7, 2023. The grant is sought to be rectified in the following respect;i.That Plot No. 297 Hookfarm be changed to Gakawa Kahurura Block 3/Mwichwiri/297. ii.That property known as Gakawa Kahurura Block 3/Mwichwiri/470 to be added to the Deceased’s estate.
2. I have read the summons dated February 7, 2023 and the affidavit in support of the summons. The Applicant herein is the sole administrator of the Deceased’s estate and the only child who survived the Deceased. She was issued with the Certificate of Confirmation of Grant on February 22, 2018.
3. On the material before court, the orders sought are appropriate and necessary for the effective administration of the estate and its eventual winding up.
4. I will therefore allow the application and direct that the Certificate of Confirmation of Grant dated February 8, 2018 and issued on February 22, 2018 be rectified by substituting therein Gakawa Kahurura Block 3/Mwichwiri/297 in place of Plot No 297 Hookfarm and to include property known as Gakawa Kahurura Block 3/Mwichwiri/470 in the Certificate of Confirmation of Grant. It is so ordered.
DATED SIGNED AND DELIVERED AT NANYUKI THIS 29TH DAY OF JUNE 2023A. K. NDUNG’UJUDGE