[2025] KEHC 1271 (KLR)
The court held that the application, though framed as a rectification of grant, in substance sought to substitute a beneficiary and alter the distribution of the estate, which is not permissible under Section 74 of the Law of Succession Act. The section only allows for correction of clerical errors, not for...
Source-derived case information.
- Citation
- [2025] KEHC 1271 (KLR)
- Parties
- Applicant: Samuel Mauto Onyango; Respondent: Naftali; Respondent: Lilian; Respondent: Charles Nyakwara Nyagwenia
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2021
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application struck out
- Judges
- TA Odera
- Legal Topics
- Rectification of Grant, Succession Procedure, Beneficiary Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mauto Onyango
Applicant
Naftali
Respondent
Lilian
Respondent
Charles Nyakwara Nyagwenia
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the application for rectification of grant can be used to substitute a beneficiary and alter the distribution of the estate.
- 2 Whether the applicant has complied with the requirements for substitution of a beneficiary under the Law of Succession Act.
Ratio Decidendi
The court held that the application, though framed as a rectification of grant, in substance sought to substitute a beneficiary and alter the distribution of the estate, which is not permissible under Section 74 of the Law of Succession Act. The section only allows for correction of clerical errors, not for substantive changes such as redistribution or substitution of beneficiaries. Furthermore, there was no evidence that Lilian had the legal authority to act on behalf of Naftali's estate, as no letters of administration had been produced. Consequently, the application was found to be incompetent and was struck out.
Court Disposition
application struck out
Orders
- The application for rectification of grant dated 19.8.24 is struck out.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Marco Mang’erere (Deceased) (Succession Cause 6 of 2021) [2025] KEHC 1271 (KLR) (19 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1271 (KLR)
Republic of Kenya
In the High Court at Kisii
Succession Cause 6 of 2021
TA Odera, J
February 19, 2025
IN THE MATTER OF THE ESTATE OF MARCO MANG’ERERE - DECEASED
Ruling
1. Samuel Mauto Onyango the petitioner herein filed summons for rectification of grant dated 19. 8.24 seeking rectification of grant to correct clerical errors on acreage of beneficiaries.
2. However, upon perusal of the supporting affidavit he seeks to Substitute a beneficiary one Naftali with Lilian and also to change distribution, for instance land parcel Wanjare /Bokeire /1780 and 1781 was to be inherited by all the beneficiaries but now they propose that it goes to Charles Nyakwara Nyagwenia as a whole.
3. Section 74 of the Law of succession Act does not envision redistribution but correction of errors in names, acreage etc. There are also no letters of administration allowing Lilian to act for the estate of Naftali. The orders sought cannot issue in the instant application. The application is struck out.
T.A ODERAJUDGE19. 2.25DELIVERED VIRTUALLY VIA TEAMS PLATFORM IN THE PRESENCE OF:All the beneficiaries save for NaftaliCourt Assistant - Oigo