[2017] KEHC 485 (KLR)
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that her name was incorrectly stated in the succession forms. The court exercised its discretion under the Law of Succession Act to rectify the error, holding that the interests of justice and proper administration...
Source-derived case information.
- Citation
- [2017] KEHC 485 (KLR)
- Parties
- Applicant: Marieta Wanjiku Gitice
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 725 of 2012
- Procedural Posture
- Succession Cause / Ruling on Rectification Application
- Outcome
- application allowed
- Judges
- NA Matheka
- Legal Topics
- Rectification of Grant, Estate Administration, Name Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marieta Wanjiku Gitice
Applicant
Procedural Posture
Succession Cause / Ruling on Rectification Application
Legal Issues
- 1 Whether the applicant's name should be rectified in the succession forms to reflect the correct name.
Ratio Decidendi
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that her name was incorrectly stated in the succession forms. The court exercised its discretion under the Law of Succession Act to rectify the error, holding that the interests of justice and proper administration of the estate required the correction of the applicant's name from Marieta Wanjiku Njogu to Marieta Wanjiku Gitice in forms P & A41 and 54.
Court Disposition
application allowed
Orders
- The names Marieta Wanjiku Njogu in both forms P & A41 and 54 be rectified to read Marieta Wanjiku Gitice.
- Costs on the cause.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT SUCCESSION CAUSE NO. 725 OF 2012
IN THE MATTER OF THE ESTATE OF JOHN GITICHE GAKUNA alias JOHN GITICE GAKUNA (DECEASED)
MARIETA WANJIKU GITICE.......................APPLICANT
R U L I N G
The application dated 5th February 2017 supported by the affidavit of Marieta Wanjiku Njogu alias Marieta Wanjiku Gitice is certified as urgent.
I have perused the annexures to the affidavit and allow the same in the following terms; –
That the names MARIETA WANJIKU NJOGU in both forms P & A41 and 54 be rectified to read MARIETA WANJIKU GITICE.
Orders accordingly.
Costs on the cause.
Dated this 5th December 2017
TERESIA MATHEKA
JUDGE