[2021] KEHC 2707 (KLR)
The court found that the error in the administratix's name was not attributable to the court but to the administratix herself, who used more names than those appearing on her National Identity Card. However, the court verified her identity and was satisfied that Elizabeth Dorothy Kokwaro and Elizabeth Kokwaro are...
Source-derived case information.
- Citation
- [2021] KEHC 2707 (KLR)
- Parties
- Applicant: Elizabeth Dorothy Kokwaro
- Court
- High Court
- Court Station
- High Court at Siaya
- 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, Administration of Estates, Identity Discrepancies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Dorothy Kokwaro
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant and certificate of confirmation should be rectified to reflect the administratix's official name as per her National Identity Card.
- 2 Whether the use of additional names by the administratix in the petition affects the validity of the grant.
Ratio Decidendi
The court found that the error in the administratix's name was not attributable to the court but to the administratix herself, who used more names than those appearing on her National Identity Card. However, the court verified her identity and was satisfied that Elizabeth Dorothy Kokwaro and Elizabeth Kokwaro are the same person. To facilitate proper administration of the estate, the court allowed the rectification of the grant and certificate of confirmation to reflect the administratix's official name as per her National Identity Card.
Court Disposition
Summons for rectification of grant allowed.
Orders
- A fresh Certificate of Confirmation of Grant and grant are to be rectified to reflect the administratix's name as Elizabeth Kokwaro.
- Fresh rectified grant and certificate to be reissued under the seal of the court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SUCCESSION CAUSE NO. 1 OF 2020
IN THE MATTER OF THE ESTATE OF LATE JOHN ONGAYO KOKWARO (DECEASED)
ELIZABETH DOROTHY KOKWARO….. ..…..….….....….……APPLICANT
RULING
1. I have considered the summons for rectification of grant dated 21/10/2021 and filed under Certificate of Urgency. I am satisfied that it is urgent. I hereby certify the same as urgent.
2. On the substance thereof, I observe that the application is made exparte since there were no objections filed in the succession matter herein.
3. However, the administratix in filing the petition for grant used different names of Elizabeth Dorothy Kokwaro, while her National Identity Card No. xxxxxx has only two names Elizabeth Kokwaro. The Grant and Certificate of Confirmation as issued by the court followed the names by which the grant was sought hence this court made no errors. The error was on the part of the administratix/petitioner; who should have used her official names as per her National Identity Card.
4. Nonetheless, as the error is that of using more names than was to be the case, and as this court did see the administratix and verified her identity, I have no doubt that Elizabeth Dorothy Kokwaro is one and the same person of Elizabeth Kokwaro.
5. Accordingly, in order to enable the administratix administer the estate of the deceased John Ongayo Kokwaro, I hereby allow the Summons for Rectification of Grant dated 30/7/2021 and direct that a fresh Certificate of Confirmation of Grant issued on 30/7/2021 together with grant issued on 14/5/2020 be and are hereby rectified.
6. The name of the administratix shall henceforth be Elizabeth Kokwaro instead of Elizabeth Dorothy Kokwaro. Fresh grant indicating “Rectified Grant” and fresh “Rectified Certificate of Confirmation of Grant” to reissue under seal of this court.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF OCTOBER, 2021
R.E. ABURILI
JUDGE