[2010] KEHC 1921 (KLR)
The court found that there was sufficient evidence to support the applicant's claim that the name of the deceased was incorrectly stated in the certificate of confirmation of grant. The discrepancy between the name used in the death certificate and the one on the title deed was material and could hinder the proper...
Source-derived case information.
- Citation
- [2010] KEHC 1921 (KLR)
- Parties
- Applicant: Stephen Kipkemoi Kurgat
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 328 of 1998
- Procedural Posture
- Probate and Administration / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Legal Topics
- Rectification of Grant, Estate Administration, Name Discrepancy, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kipkemoi Kurgat
Applicant
Procedural Posture
Probate and Administration / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct the name of the deceased.
- 2 Whether the discrepancy in the deceased's name on the death certificate and title deed justifies rectification.
Ratio Decidendi
The court found that there was sufficient evidence to support the applicant's claim that the name of the deceased was incorrectly stated in the certificate of confirmation of grant. The discrepancy between the name used in the death certificate and the one on the title deed was material and could hinder the proper administration and distribution of the estate. Therefore, rectification of the grant to reflect the correct name, Kurgat Kiptian Teguroi, was warranted to ensure the estate is administered in accordance with the law and the true identity of the deceased.
Court Disposition
application for rectification of grant allowed
Orders
- The certificate of confirmation of grant is rectified to reflect the deceased's name as Kurgat Kiptian Teguroi.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
Probate & Administration 328 of 1998
IN THE MATTER OF ESTATE OF KIPKURGAT KAPTIBIN............DECEASED.
A N D
STEPHEN KIPKEMOI KURGAT..............................APPLICANT.
R U L I N G.
By summons to rectification of grant dated 7th December, 2009, pursuant to rule 43 of the Probate and Administration Rules, the applicant seeks orders:-
(1)THAT, the certificate of confirmation of grant issued to STEPHEN KIPKEMOI KURGAT in the matter on 14th April, 2005 be rectified for the following reasons:
(a)THAT, the names of the deceased be rectified from KIPKURGAT KAPTIBIN to read KURGAT KIPTIAN TEGUROI.
(b)THAT, the names used during application for death certificate were KIPKURGAT KAPTIBIN while title deed in parcel number CHERANGANY/KAPCHEROP/1766 read KURGAT KIPTIAN TEGUROI.
(c)THAT, the costs of this application shall be provided for.
The application is based on the grounds that the memos of the deceased be rectified from Kipkurgat Kaptibin to read Kurgat Kiptiani Teguroi.
It was urged, by the applicant, that the names used during the application for death certificate were Kipkurgat Kaptibin while the title deed of parcel number Cherangani/Kapcherop/1766 read Kurgat Kiptian Teguroi. Hence there is need for rectification to facilitate the finalisation of the distribution exercise.
I have secured the evidence in support of the application and is of the view that there is need for rectification.
Accordingly, the names of the deceased shall be rectified to read Kurgat Kiptian Teguroi. There shall be no orders as to cost.
Dated and delivered at Kitale this 1st day of July, 2010.
N.R.O. OMBIJA.
JUDGE.
N/A for Applicant.