[2022] KEHC 2522 (KLR)

[2022] KEHC 2522 (KLR)

The court found that since all beneficiaries had consented to the application, there was no dispute regarding the distribution of the estate. The law allows rectification of a grant where there is an error or where the parties agree, provided the interests of justice are served. The judge therefore granted the...

Source-derived case information.

Citation
[2022] KEHC 2522 (KLR)
Parties
Applicant: James Kamau Gathu; Respondent: Peter Wahinya Gathu
Court
High Court
Court Station
High Court at Naivasha
Jurisdiction
Kenya
Case Number
Succession Cause 171 of 2015
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Legal Topics
Succession, Confirmation of Grant, Rectification of Grant
Source Language
en
Family and Children Succession Confirmation of Grant Rectification of Grant

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

James Kamau Gathu

Applicant

Peter Wahinya Gathu

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the Certificate for Confirmation of Grant should be rectified to distribute shares to only one beneficiary as per the consent of all beneficiaries.

Ratio Decidendi

The court found that since all beneficiaries had consented to the application, there was no dispute regarding the distribution of the estate. The law allows rectification of a grant where there is an error or where the parties agree, provided the interests of justice are served. The judge therefore granted the application and ordered that the Certificate for Confirmation of Grant be rectified so that the shares are distributed solely to James Kamau Gathu.

Court Disposition

Application for rectification of grant allowed.

Orders

  • The application dated 27th November, 2020 is granted.
  • The Certificate for Confirmation of Grant is rectified so that the shares are distributed to only one person, namely James Kamau Gathu.