[2021] KEHC 7175 (KLR)
The court found that the omission of Safaricom Ltd shares and unclaimed dividends from the list of the deceased's assets was inadvertent and that Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules empower the court to rectify such errors, provided the substance of the grant...
Source-derived case information.
- Citation
- [2021] KEHC 7175 (KLR)
- Parties
- Petitioner: Public Trustee; Applicant: Irene Njeri Gathuo
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 603 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Succession, Rectification of Grant, Omitted Assets, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Petitioner
Irene Njeri Gathuo
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the Certificate of Confirmation of Grant to include Safaricom Ltd shares and unclaimed dividends omitted from the deceased's estate.
Ratio Decidendi
The court found that the omission of Safaricom Ltd shares and unclaimed dividends from the list of the deceased's assets was inadvertent and that Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules empower the court to rectify such errors, provided the substance of the grant is not affected. The court was satisfied that the application met the legal threshold for rectification and allowed the inclusion of the omitted assets in the Certificate of Confirmation of Grant.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 4/07/2017 is rectified to include 900 Safaricom Ltd Shares and Safaricom Ltd Unclaimed Dividends to Irene Njeri Gathuo absolutely.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 603 OF 2015
IN THE MATTER OF THE ESTATE OF THE LATE JOHN MUGOTHI KINGORI (DECEASED)
PUBLIC TRUSTEE....................................................................PETITIONER
RULING
1. The applicant has filed an application dated the 21/07/2020 under the provisions of Section 74 of the Law of Succession Act and Rule 43 (1) of the Probate and Administration Rules and seeks to include Safaricom Ltd Shares and Safaricom Ltd unclaimed dividends which were inadvertently omitted from the list of the deceased assets.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicant and dated21/07/2020
3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the review of orders provided that it does not affect the substance of the Grant.
4. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction and inclusion of omitted shares and dividends is as envisaged under the provisions of the above Section 74 and Rule 43. The application is found to be meritorious and is hereby allowed.
5. The Certificate of Confirmation of Grant issued on 4/07/2017 is hereby rectified to include 900 Safaricom Ltd Shares and Safaricom Ltd Unclaimed Dividends to IRENE NJERI GATHUOabsolutely.
Orders Accordingly.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 6TH DAY MAY, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE