[2009] KEHC 543 (KLR)
The court found that the omission of Title No. Kjd/Kaputiei – North/4649 from the certificate of confirmation of grant was inadvertent and that all necessary consents from the co-administrator and beneficiaries had been obtained. There was no opposition to the application. The court held that rectification was...
Source-derived case information.
- Citation
- [2009] KEHC 543 (KLR)
- Parties
- Applicant: Winnie Wanjiru Kambora; Applicant: Jane Wanjiku Kigathi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1692 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winnie Wanjiru Kambora
Applicant
Jane Wanjiku Kigathi
Applicant
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 include Title No. Kjd/Kaputiei – North/4649 for distribution to Winnie Wanjiru Kambora.
- 2 Whether the omission of the property from the original confirmation was inadvertent and justifies rectification.
Ratio Decidendi
The court found that the omission of Title No. Kjd/Kaputiei – North/4649 from the certificate of confirmation of grant was inadvertent and that all necessary consents from the co-administrator and beneficiaries had been obtained. There was no opposition to the application. The court held that rectification was justified to ensure the proper distribution of the estate in accordance with the intentions of the parties and the requirements of the Law of Succession Act. Accordingly, the certificate of confirmation of grant was ordered to be rectified to include the property for distribution to Winnie Wanjiru Kambora.
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant issued on 27th March, 2007 is rectified to include Title No. Kjd/Kaputiei – North/4649 to be distributed to Winnie Wanjiru Kambora.
- Costs in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Succession Cause 1692 of 2009
IN THE MATTER OF THE ESTATE OF JOSEPH VICTOR WACHIIRA KAMBORA (DECEASED)
R U L I N G
Before me is a Summons dated 27th March, 2009 filed by Gacdhia & Mucheru advocates for the applicants named as WINNIE WANJIRU KAMBORA and JANE WANJIKU KIGATHI, who are the administrators of the estate of the late JOSEPH VICTOR WACHIRA KAMBORA.
The substantive prayer in the application is that-
1. The certificate of confirmation of grant issued on 27th March, 2007 be rectified to include Title No. Kjd/Kaputiei – North/4649 to be distributed to Winnie Wanjiru Kambora.
The application is supported by the affidavit sworn by WINNIE WANJIRU KAMBORAon 27th March 2009. It was deposed in the said affidavit inter alia, that plot herein was inadvertently left out at confirmation of the grant because the title document was with one Timothy Mutio at Nairobi. It was further deposed that the purpose of the rectification was that the property be vested in the name of Winnie Wanjiru Kambora, so that it can be transferred to Timothy Mutio, who had paid for the purchase of the plot.
I have considered the application and have also perused the consents of the co-administrator and the beneficiaries which were filed. I find no reason to decline the application.
Consequently, I allow the application and order as follows-
1. The certificate of confirmation of grant issued on 27th March, 2007 be and is hereby rectified to include the Title No. Kjd/kaputiei – North/4649 to be distributed to Winnie Wanjiru Kambora.
2. Costs in the cause.
Dated and delivered at Nairobi this 17th day of November,
2009.
George Dulu
Judge.