[2023] KEHC 22097 (KLR)
The court held that the rectification sought by the Administrators, namely, the correction of the property description from LR 209/7386 (F161) to LR 209/7386/258, falls squarely within the powers conferred by section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The error...
Source-derived case information.
- Citation
- [2023] KEHC 22097 (KLR)
- Parties
- Applicant: Barnabas Katumo Ngie; Applicant: Shedrack Nguma Ngie; Respondent: Estate of Julius Malii (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1825 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- EKO Ogola
- Legal Topics
- Rectification of Grant, Errors in Property Description, Probate and Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Barnabas Katumo Ngie
Applicant
Shedrack Nguma Ngie
Applicant
Estate of Julius Malii (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court has power to rectify the Certificate of Confirmation of Grant to correct an error in the description of property in the estate.
- 2 Whether the correction of the property description from LR 209/7386 (F161) to LR 209/7386/258 falls within the scope of section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules.
Ratio Decidendi
The court held that the rectification sought by the Administrators, namely, the correction of the property description from LR 209/7386 (F161) to LR 209/7386/258, falls squarely within the powers conferred by section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The error was limited to the description of the property and did not affect the substance of the grant or the distribution of the estate. The rectification was therefore proper and necessary to ensure the grant accurately reflected the property forming part of the estate. The court ordered the rectification as prayed.
Court Disposition
application for rectification of grant allowed
Orders
- The Certificate of Confirmation of Grant issued on 10th May 2011 is rectified to describe the property as LR 209/7386/258 instead of LR 209/7386 (F161).
- Costs of the Summons to be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Julius Malii (Deceased) (Succession Cause 1825 of 2004) [2023] KEHC 22097 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 22097 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Succession Cause 1825 of 2004
EKO Ogola, J
June 26, 2023
IN THE MATTER OF THE ESTATE OF JULIUS MALII (DECEASED)
Ruling
1. The Summons before the Court is dated February 1, 2023 where the Administrators of the Estate, Barnabas Katumo Ngie and Shedrack Nguma Ngie pray for the following:-a.That the Certificate of Confirmation of Grant issued on the 10th day of May 2011 be rectified as for the property appearing as LR 209/7386 (F161) to read as LR 209/7386/258. b.That costs be in the cause.
2. The Summons are based on the grounds set therein and the Supporting Affidavit of the Administrators. It is deposed that the source of LR 209/7386 (F161) was from a Sale Agreement dated February 1, 1972 between the City Council of Nairobi and the Deceased. However, the Administrators came across the title of the property that disclosed that the actual property number is LR 209/7386/258 a sub-division of 209/7386.
Determination 3. Rectification of grants is provided for in section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows:“Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.”
4. Rule 43(1) provides as follows:“Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of death of the deceased or, in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was made.”
5. From the language of section 74 and Rule 43(1), the scope of rectification of grants of representation is limited to errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant. In this case, the Administrators seek to rectify the name of a property that was included in the estate from LR 209/7386 (F161) to read as LR 209/7386/258. This falls within the court’s power to rectify a grant. This rectification does not alter the core of the judgments but simply gives a proper and complete description of the said property. I order rectification of the description of the property to read as LR 209/7386/258.
6. Cost of the Summons be in the Cause.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF JUNE 2023E.K. OGOLAJUDGEIn the presence of:Ms. Mwanzia for the AdministratorsGisiele Muthoni Court Assistant