[2020] KEHC 6122 (KLR)

[2020] KEHC 6122 (KLR)

The court held that it has jurisdiction under Section 74 of the Law of Succession Act to rectify a grant for errors in names and descriptions, provided such rectification does not affect the substance of the grant. The court found that the applicant was entitled to rectification of the names as prayed. However, the...

Source-derived case information.

Citation
[2020] KEHC 6122 (KLR)
Parties
Applicant: Antony David Muciri Kanyingi; Respondent: Amos Njogu Kanyingi; Respondent: Rose Kabia Kanyingi; Respondent: Pauline Wangundi Kanyingi; Respondent: Catherine Wanjiku Kanyingi
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Succession Cause 862 of 2013
Procedural Posture
Succession Cause / Ruling on Application for Rectification and Review of Grant
Outcome
Application partly allowed and partly dismissed.
Judges
LW Gitari
Legal Topics
Rectification of Grant, Intestate Succession, Estate Administration
Source Language
en
Family and Children Rectification of Grant Intestate Succession Estate Administration

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Summary, issues, holding and outcome

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Parties

Antony David Muciri Kanyingi

Applicant

Amos Njogu Kanyingi

Respondent

Rose Kabia Kanyingi

Respondent

Pauline Wangundi Kanyingi

Respondent

Catherine Wanjiku Kanyingi

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification and Review of Grant

Legal Issues

  1. 1 Whether the court should rectify the grant to correct the names of beneficiaries.
  2. 2 Whether the court should review the grant to include additional accounts and shares as part of the deceased's estate.
  3. 3 Whether properties not registered in the name of the deceased can form part of the estate for distribution.

Ratio Decidendi

The court held that it has jurisdiction under Section 74 of the Law of Succession Act to rectify a grant for errors in names and descriptions, provided such rectification does not affect the substance of the grant. The court found that the applicant was entitled to rectification of the names as prayed. However, the court determined that it could not include accounts or shares not registered in the name of the deceased as part of the estate, as only the free property of the deceased at the time of death forms the estate under the Law of Succession Act. The applicant failed to provide documentary evidence that the disputed accounts and shares were in the deceased's name, and some were shown...

Court Disposition

Application partly allowed and partly dismissed.

Orders

  • The application for review of the grant is dismissed.
  • Prayer for rectification of names is allowed as prayed.