[2023] KEHC 23032 (KLR)
The court found that the certificate of confirmation of grant contained an error regarding the number of shares in George Williamson (K) Ltd, listing 1,000 instead of the correct 2,000 shares. As the applicant is the sole beneficiary and executor, and no prejudice would result from the correction, the court allowed...
Source-derived case information.
- Citation
- [2023] KEHC 23032 (KLR)
- Parties
- Applicant: Jeanine Therese Brooks; Respondent: John Norman Brooks (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2020
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Succession Shares, Probate Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeanine Therese Brooks
Applicant
John Norman Brooks (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to reflect the correct number of shares in George Williamson (K) Ltd bequeathed to the applicant.
Ratio Decidendi
The court found that the certificate of confirmation of grant contained an error regarding the number of shares in George Williamson (K) Ltd, listing 1,000 instead of the correct 2,000 shares. As the applicant is the sole beneficiary and executor, and no prejudice would result from the correction, the court allowed the rectification to ensure the grant accurately reflects the deceased's estate. The rectified certificate of confirmation of grant was ordered to issue accordingly, and the matter was closed.
Court Disposition
summons for rectification of grant allowed
Orders
- The certificate of confirmation of grant is rectified to indicate 2,000 shares in George Williamson (K) Ltd bequeathed to Jeanine Therese Brooks.
- A rectified certificate of confirmation of grant to issue.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of John Norman Brooks (Deceased) (Succession Cause 1 of 2020) [2023] KEHC 23032 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23032 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1 of 2020
RE Aburili, J
October 2, 2023
IN THE MATTER OF THE ESTATE OF JOHN NORMAN BROOKS......... (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JEANINE THERESE BROOKS...........APPLICANT
Ruling
1. I have considered the Summons for rectification of grant dated January 31, 2023 and the supporting affidavit of Jeanine Therese Brooks sworn on the same day.
2. The Summons seek for rectification of the certificate of confirmation of grant dated March 11, 2022 and rectified on January 20, 2023 to indicate the correct shares listed in George Williamson (K) Ltd held in the name of John Norman Brooks alone and bequeathed to Jeanine Therese Brooks, to be amended from 1,000 to 2,000.
3. I have perused the rectified certificate of confirmation of grant dated January 20, 2023 and on page one, the last item on the assets, the shares are indicated as 1,000.
4. As no prejudice will be occasioned to the beneficiary who is the sole beneficiary and executor of the will annexed, I hereby allow the summons dated January 31, 2023 and order that the shares in George Williamson (K) Ltd held in the name of the deceased John Norman Brooks and bequeathed to Jeanine Therese Brooks shall read 2,000 not 1,000.
5. A rectified certificate of confirmation of grant to issue.
6. This file is now closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF OCTOBER, 2023R. E. ABURILIJUDGE