[2021] KEHC 8594 (KLR)
The court found that the corrections sought by the applicant were within the scope of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, which permit rectification of grants to correct errors in names and descriptions, as long as the substance of the grant is not affected....
Source-derived case information.
- Citation
- [2021] KEHC 8594 (KLR)
- Parties
- Applicant: The Public Trustee
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 97 of 1992
- Procedural Posture
- Succession Cause / Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Rectification of Grant, Probate and Administration, Correction of Names, Removal of Deceased Beneficiary, Inclusion of Omitted Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Public Trustee
Applicant
Procedural Posture
Succession Cause / Application for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the names of the deceased on the Grant and Certificate of Confirmation of Grant to include the alias Joseph Mbugua Muringu.
- 2 Whether the name of the beneficiary should be corrected to match her National Identity Card.
- 3 Whether the name of the deceased beneficiary Ruth Wambui Mbugua should be removed from the Certificate of Confirmation of Grant.
Ratio Decidendi
The court found that the corrections sought by the applicant were within the scope of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, which permit rectification of grants to correct errors in names and descriptions, as long as the substance of the grant is not affected. The court was satisfied that the application was meritorious, the supporting documents were in order, and the corrections would not alter the mode of distribution of the estate. Accordingly, the court allowed the rectification of the names of the deceased and beneficiary, removal of the deceased beneficiary, and inclusion of the omitted parcels of land in the Certificate of...
Court Disposition
application allowed
Orders
- The names of the deceased are rectified to read Joseph Mbugua alias Joseph Mbugua Muringu (Deceased).
- The name of the beneficiary on the Certificate of Confirmation of Grant is rectified to read Tabitha Nyambura Mungai instead of Tabitha Nyambura.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 97 OF 1992
IN THE MATTER OF THE ESTATE OF JOSEPH MBUGUA Alias JOSEPH MBUGUA MURINGU(DECEASED)
THE PUBLIC TRUSTEE................................................................................APPLICANT
1. The applicant has filed an application dated the 3/08/2017 under the provisions of Section 73 of the Law of Succession Act and Rules 49 and 59 (5) of the Probate and Administration Rules.
2. The applicant seeks firstly to correct the names of the Deceased on the Grant and the Certificate of Confirmation of Grant to include the alias Joseph Mbugua Muringu.
3. Secondly, the applicant seeks to rectify the name of the beneficiary on the Certificate of Confirmation of Grant to read as it appears on her National identity Card;
4. Thirdly, the applicant seeks the removal of the name of one of the beneficiaries Ruth Wambui Mbugua who is deceased.
5. Lastily, the applicant seeks to include the three (3) parcels of Land which had been erroneously omitted on the Certificate of Confirmation of Grant.
6. The application is supported by the Affidavit made by the applicant on the 3/08/2017; and annexed thereto is a copy of the National Identity Card of the beneficiary and a copy of the Death Certificate of Ruth Wambui Mbugua and copies of the Land Certificates.
7. The applicable Law is found at Section 73 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, which allow for the correction of errors in names and descriptions of Land Parcel Numbers provided it does not affect the substance of the Grant.
8. Upon reading the application and hearing submission from the applicant this court is satisfied that the corrections are as envisaged under the provisions of the Section 74 of the Law of Succession Act.
9. In the circumstances the application is found to be meritorious and is hereby allowed.
10. The names of the deceased are hereby rectified to read Joseph Mbugua alias Joseph Mbugua Muringu (Deceased)
11. The names of the beneficiary on the Certificate of Confirmation of Grant issued on 28th September, 1993 is hereby rectified to read as follows;
(i) Tabitha Nyambura Mungai instead of Tabitha Nyambura
12. The Certificate of Confirmation of Grant is hereby rectified by removal of the name of one of the beneficiaries named Ruth Wambui Mbugua (Deceased)
13. The Certificate of Confirmation of Grant is hereby rectified to include parcel numbers;
(i) Location 17/IGANJO/IGIKIRO/T.74
(ii) Location 17/IGANJO/T.75
(iii) Location 17/IGANJO/1088
The mode of distribution to remain the same as set out in the Certificate of Confirmation of Grant dated 28/09/1993.
Orders Accordingly
Dated, Signed and Delivered Electronically at Nyeri this 11th day of March 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE