[2024] KEHC 381 (KLR)
The court found that the applicant had provided sufficient documentary evidence, specifically a copy of an identity card, to demonstrate that the name Justus Kaburu as reflected in the Certificate of Confirmation of Grant was incorrect and that the correct name is Justus Arimi Baichu. In the absence of any...
Source-derived case information.
- Citation
- [2024] KEHC 381 (KLR)
- Parties
- Applicant: Esther Mpandi Muchene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 141 of 1999
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- TW Cherere
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Mpandi Muchene
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to substitute the name Justus Kaburu with Justus Arimi Baichu.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence, specifically a copy of an identity card, to demonstrate that the name Justus Kaburu as reflected in the Certificate of Confirmation of Grant was incorrect and that the correct name is Justus Arimi Baichu. In the absence of any opposition and in accordance with the powers granted under Section 74 of the Law of Succession Act, the court allowed the application for rectification to ensure the grant accurately reflects the true identity of the beneficiary.
Court Disposition
application for rectification of grant allowed
Orders
- The name of Justus Kaburu in the Certificate of Confirmation of Grant dated 19th September, 2019 shall be substituted with the name Justus Arimi Baichu.
- The Certificate of Confirmation of Grant dated 19th September, 2019 shall be rectified and issued accordingly.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of M'Baichu M'Arimi (Deceased) (Succession Cause 141 of 1999) [2024] KEHC 381 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 381 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 141 of 1999
TW Cherere, J
January 25, 2024
IN THE MATTER OF THE ESTATE OF M’BAICHU M’ARIMI (DECEASED)
AND
IN THE MATTER OF AN APPLICATION FOR RECTIFICATION
BY
ESTHER MPANDI MUCHENE…………………………..…. ADMINISTRATOR/ APPLICANT
In the matter of
Esther Mpandi Muchene
Administrator
Ruling
1. I have considered the summons for rectification dated 10th September, 2023 supported by Applicant’s affidavit sworn on even date.
2. It has been demonstrated by a copy of an identity card that the official name for one of the beneficiaries referred to as Justus Kaburu in the Certificate of Confirmation of Grant dated 19th September, 2019 actually Justus Arimi Baichu.
3. Consequently, summons for rectification dated 10th September, 2023 is allowed in the following terms:1. The name of Justus Kaburu in the Certificate of Confirmation of Grant dated 19th September, 2019 shall be substituted with the name Justus Arimi Baichu.2. The Certificate of Confirmation of Grant dated 19th September, 2019 shall be rectified and issued accordingly
DATED AT MERU THIS 25TH DAY OF JANUARY 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Mugambi for David John Mbaya & Co Advocates