[2025] KEHC 5345 (KLR)
The court found that the rectification sought was limited to correcting a typographical error in the applicant's name and that such correction would not occasion any prejudice to the parties, including in relation to any intended appeal. The court was not persuaded that the possibility of an intended appeal was a...
Source-derived case information.
- Citation
- [2025] KEHC 5345 (KLR)
- Parties
- Applicant: Joseph Kamau Njoroge; Respondent: Edna Wairimu Njuguna; Respondent: Ann Naipanoi Tekutwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 541 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- SM Mohochi
- Legal Topics
- Rectification of Grant, Typographical Errors, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kamau Njoroge
Applicant
Edna Wairimu Njuguna
Respondent
Ann Naipanoi Tekutwa
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should allow rectification of the applicant's name in the grant from Ann or Anna to Anne.
- 2 Whether such rectification would prejudice the substance of an intended appeal.
Ratio Decidendi
The court found that the rectification sought was limited to correcting a typographical error in the applicant's name and that such correction would not occasion any prejudice to the parties, including in relation to any intended appeal. The court was not persuaded that the possibility of an intended appeal was a sufficient reason to withhold the rectification, especially where the correction related only to the proper spelling of a party's name. Accordingly, the court allowed the summons for rectification of grant as prayed.
Court Disposition
summons for rectification of grant allowed
Orders
- The summons for rectification of grant dated 20th March, 2025 is allowed as prayed for in prayers (1), (2), and (3).
- A rectified certificate of confirmed grant shall be issued.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Jedida Wambui Njoroge (Deceased) (Succession Cause 541 of 2014) [2025] KEHC 5345 (KLR) (29 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5345 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 541 of 2014
SM Mohochi, J
April 29, 2025
Between
Joseph Kamau Njoroge
Applicant
and
Edna Wairimu Njuguna
1st Respondent
Ann Naipanoi Tekutwa
2nd Respondent
(IN THE MATTER OF THE ESTATE OF JEDIDA WAMBUI NJOROGE (DECEASED))
Ruling
1. Before me is a summons for rectification of names of the Applicant from Ann or Anna to Anne the same is dated 20th March, 2025.
2. The Application is opposed on the basis that if such change is allowed it shall affect the substance of an intended appeal.
3. The rectification sought shall not occasion any prejudice and correction of typographic errors cannot prejudice a party where it relates to the correct spelling of name of such party.
4. I am equally unpersuaded to withhold any precipitate action on basis of an intended appeal.
5. I am constrained to allow the summons for rectification of grant dated 20th March, 2025 as prayed for in prayers (1), (2) and (3) on the motion.
6. A rectified certificate of confirmed grant shall accordingly be issued.It is so ordered.
RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF APRIL, 2025MOHOCHI. S. M.JUDGE