[2021] KEHC 7115 (KLR)
The court found that the application to correct the names of the beneficiaries was supported by documentary evidence (National Identity Cards) and fell squarely within the provisions of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The corrections sought did not affect...
Source-derived case information.
- Citation
- [2021] KEHC 7115 (KLR)
- Parties
- Applicant: Charles Maina Ngure
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 524 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application to Correct Beneficiary Names in Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Correction of Errors, Probate and Administration, Grant Confirmation, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Maina Ngure
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Correct Beneficiary Names in Grant
Legal Issues
- 1 Whether the court can correct errors in the names of beneficiaries on a Certificate of Confirmation of Grant without affecting the substance of the grant.
Ratio Decidendi
The court found that the application to correct the names of the beneficiaries was supported by documentary evidence (National Identity Cards) and fell squarely within the provisions of Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The corrections sought did not affect the substance of the grant but merely rectified clerical errors in the names of the beneficiaries. The court was satisfied that the application was meritorious and allowed the corrections as prayed.
Court Disposition
application allowed
Orders
- The names of the two beneficiaries on the Certificate of Confirmation of Grant issued on 11/03/2020 are corrected to read: (1) JANE WANGARE NGURE instead of JANE WANGARI NGURE; (2) WILLIAM GATEU NGURE instead of WILLIAM GATERU NGURE.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO.524 of 2011
IN THE MATTER OF THE ESTATE OF THE LATE JULIA WAMBUI NGURE (DECEASED)
CHARLES MAINA NGURE....................................................................................PETITIONER
RULING
1. The application is dated the 2/12/2020 and is made under no specific provisions of the Law; the applicant seeks to correct errors in the names of two beneficiaries.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit dated 2/12/2020 made by CHARLES MAINA NGURE
3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the correction of errors provided that it does not affect the substance of the Grant.
4. Upon reading the application and hearing the submissions of counsel appearing for the applicants, this court is satisfied that the correction of the names which are supported by copies of their National Identity Cards is as envisaged under the provisions of Section 74 of the Law of Succession Act.
5. The application is found to be mentorious and is therefore allowed.
6. The names of the two beneficiaries on the Certificate of Confirmation of Grant issued on 11/03/2020 are hereby corrected to read (1) JANE WANGARE NGURE instead of JANE WANGARI NGURE. (2) WILLIAM GATEU NGURE instead of WILLIAM GATERU NGURE.
Orders Accordingly
Dated, Signed and Delivered Electronically at Nyeri this 6th day of MAY, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE