[2024] KEHC 3591 (KLR)
The court found that the application for rectification of the certificate of confirmation of grant was merited because all beneficiaries had signed a consent and there was no objection to the rectification. The court exercised its discretion under section 74 of the Law of Succession Act to allow the rectification,...
Source-derived case information.
- Citation
- [2024] KEHC 3591 (KLR)
- Parties
- Applicant: Charles Kagorwe M'Runji; Respondent: Grace Kambura
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 677 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- LW Gitari
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Consent of Beneficiaries, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kagorwe M'Runji
Applicant
Grace Kambura
Respondent
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 reflect the correct name of the deceased.
- 2 Whether Plot No. M27 Chuka Township should be included in the certificate of confirmation of grant.
- 3 Whether the rectification is unopposed and supported by all beneficiaries.
Ratio Decidendi
The court found that the application for rectification of the certificate of confirmation of grant was merited because all beneficiaries had signed a consent and there was no objection to the rectification. The court exercised its discretion under section 74 of the Law of Succession Act to allow the rectification, holding that it was necessary to correct the name of the deceased and to include Plot No. M27 Chuka Township in the grant. The rectification would facilitate the proper and final distribution of the estate, bringing the matter to a close.
Court Disposition
application for rectification of grant allowed
Orders
- The certificate of confirmation of grant issued on 18/12/2015 and 28/1/2019 is rectified to read M’Bauni M’Meru Kanegene alias M’Runchi Mukuura.
- The certificate of confirmation of grant dated 28/1/2019 is rectified to include Plot No. M27 Chuka Township.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of M'Bauni M'Meru Kanegene (Deceased) (Succession Cause 677 of 2015) [2024] KEHC 3591 (KLR) (22 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3591 (KLR)
Republic of Kenya
In the High Court at Chuka
Succession Cause 677 of 2015
LW Gitari, J
March 22, 2024
IN THE MATTER OF THE ESTATE OF M’BAUNI M’MERU KANEGENE (DECEASED) CHARLES KAGORWE M’RUNJI.........ADMISTRATIX/APPLICANT VERSUS GRACE KAMBURA..............................................PROTESTOR
In the matter of
Grace Kambura
Protestor
Ruling
1. The Petitioner/Applicant has filed this summons seeking an order that the certificate of confirmation of grant issued on 18/12/2015 and 28/1/2019 be and rectified to read M’Bauni M’Meru Kanegene alias M’Runchi Mukuura. That the certificate of confirmation of grant dated 28/1/2019 be rectified so as to include Plot No. M27 Chuka Township. It based on the ground that the deceased (applicant’s father) had entered into an agreement on 5/2/2008 to transfer the plot to Justin Kiruja M’Abuni but the transaction had not been concluded.
2. The applicant’s submits that the beneficiaries have signed a consent and there is no objection to have the grant rectified as prayed.
3. I have considered the application. I note that the beneficiaries have no objection to the rectification and have signed a consent to the rectification of the grant. The court has discretion to allow the rectification of the said grant. The rectification is necessary in order to bring this matter to a close. In the circumstances I find that the application has merits and I allow it as prayed.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 22ND DAY OF MARCH 2024. L.W. GITARIJUDGE