[2015] KEHC 418 (KLR)
The court found the applicant's affidavit credible and confirmed that the correct description of asset No. 1, as per the consent to the mode of distribution, is Kyeni/Mufu/3992. The error in the certificate of confirmation was therefore a clerical one, and rectification was warranted under the law. The court...
Source-derived case information.
- Citation
- [2015] KEHC 418 (KLR)
- Parties
- Applicant: Philisila Kaithi Ephantus
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 161 of 2013
- Procedural Posture
- Succession Cause / Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philisila Kaithi Ephantus
Applicant
Procedural Posture
Succession Cause / Application for Rectification of Grant
Legal Issues
- 1 Whether the grant confirmed on 3rd November, 2014 should be rectified to correct the erroneous description of asset No. 1.
- 2 Whether costs should be provided for the application.
Ratio Decidendi
The court found the applicant's affidavit credible and confirmed that the correct description of asset No. 1, as per the consent to the mode of distribution, is Kyeni/Mufu/3992. The error in the certificate of confirmation was therefore a clerical one, and rectification was warranted under the law. The court exercised its discretion to rectify the grant to reflect the correct asset description, ensuring the proper administration of the estate.
Court Disposition
Application for rectification of grant allowed.
Orders
- The grant confirmed on 3rd November, 2014 is rectified to describe asset No. 1 as Kyeni/Mufu/3992 instead of Kyeni/Kihumo/3992.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 161 OF 2013
IN THE MATTER OF THE ESTATE OF KAMWOCERE KOBUTHI alias KAMOCERE KOBUTHI (DECEASED)
PHILISILA KAITHI EPHANTUS...........................................APPLICANT
RULING
This is an application for rectification of a grant which was confirmed on 3rd November, 2014. In addition to the rectification, the applicant seeks that costs be provided for in respect of this application. Annexed to the summons for rectification, is an affidavit in support thereof. In the affidavit of support, the administrator has stated that a certificate of confirmation was issued on 3rd November, 2014. According to her, when the certificate of confirmation was issued, asset no. 1 in the schedule was by error described as Kyeni/Kihumo/3992 The correct description is Kyeni/Mufu/3992. It is that error that she now seeks to have rectified.
I find that the affidavit evidence of the applicant is credible. I also find from the consent to the mode of distribution of the estate that the description of this asset No. 1 therein is shown as Kyeni/Mufu/3992. In the circumstances, I find that the rectification of the grant should be granted and I hereby do so.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 2nd day of NOVEMBER .2015.
In the absence of the petitioner
Court clerk Mr Njue.
J. M. BWONWONGA
JUDGE
02. 11. 15.