[2024] KEHC 16110 (KLR)
The court found that the rectified certificate of confirmation of grant issued on 13th July 2021 contained an error as it listed former administratixes instead of the current ones. Upon perusal of the record and the certificate, the court was satisfied that the error was apparent and warranted rectification. The...
Source-derived case information.
- Citation
- [2024] KEHC 16110 (KLR)
- Parties
- Applicant: Esther Mumbi Mwaura; Applicant: Salome Wangari Mwaura
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 583 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for further rectification of grant allowed.
- Judges
- JM Nang'ea
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mumbi Mwaura
Applicant
Salome Wangari Mwaura
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the rectified certificate of confirmation of grant erroneously reflects former administratixes instead of the current ones.
- 2 Whether the grant should be further rectified to correct the administrative error.
Ratio Decidendi
The court found that the rectified certificate of confirmation of grant issued on 13th July 2021 contained an error as it listed former administratixes instead of the current ones. Upon perusal of the record and the certificate, the court was satisfied that the error was apparent and warranted rectification. The court therefore ordered that the certificate of confirmed grant be further rectified as proposed by the applicants to accurately reflect the current administratixes of the estate.
Court Disposition
Application for further rectification of grant allowed.
Orders
- The certificate of confirmed grant is further rectified to reflect the current administratixes as proposed by the applicants.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of John Mwaura Kibui (Deceased) (Succession Cause 583 of 2006) [2024] KEHC 16110 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16110 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 583 of 2006
JM Nang'ea, J
December 18, 2024
IN THE MATTER OF THE ESTATE OF JOHN MWAURA KIBUI (DECEASED)
Shape1
ESTHER MUMBI MWAURA
In the matter of
Esther Mumbi Mwaura
1st Applicant
Salome Wangari Mwaura
2nd Applicant
Ruling
1. Grant of Letters of Administration herein was confirmed on 24th May 2013 and thereafter rectified on 13th July, 2021. By Chamber Summons dated 2nd September 2024, the applicants who are the current Administratixes of the Estate point out that the Rectified Certificate of Confirmation of Grant erroneously reflects former Administratixes as the ones undertaking the role of administration of the estate. They therefore seek further rectification of the grant to fix the defect.
2. Having perused the Certificate of Rectification of Grant issued on 13/7/2021 against the record, I find that there is indeed an error apparent thereon as pointed out. Accordingly the Certificate of Confirmed Grant is further rectified as proposed.
J.M NANG’EA , JUDGE.RULING DELIVERED VIRTUALLY THIS 18THDAY OF DECEMBER, 2024 IN THE PRESENCE OF:Advocate for the Applicants, Ms KeruboCourt Assistant, Mr. LepikasJ. M NANG’EA, JUDGE