[2022] KEHC 14063 (KLR)
The court found that the rectification sought was limited to correcting the description and acreage of two parcels of land forming part of the estate, and that the shares of the beneficiaries as set out in the confirmed grant remained unchanged. Since the rectification did not affect the substantive rights or...
Source-derived case information.
- Citation
- [2022] KEHC 14063 (KLR)
- Parties
- Applicant: Selesio Mithika Joshua M’Kairiama; Applicant: Patrick Mati Kairiama
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 126 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- EM Muriithi
- Legal Topics
- Rectification of Grant, Estate Administration, Land Parcel Description, Beneficiary Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selesio Mithika Joshua M’Kairiama
Applicant
Patrick Mati Kairiama
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the rectification of the grant to correct the parcel number and acreage of estate assets should be allowed.
- 2 Whether the rectification affects the distribution of the estate among beneficiaries.
Ratio Decidendi
The court found that the rectification sought was limited to correcting the description and acreage of two parcels of land forming part of the estate, and that the shares of the beneficiaries as set out in the confirmed grant remained unchanged. Since the rectification did not affect the substantive rights or distribution among beneficiaries, and was supported by the applicants' affidavit, the court was satisfied that the requirements for rectification under the Law of Succession Act were met. The court therefore allowed the rectification as prayed.
Court Disposition
Application for rectification of grant allowed.
Orders
- The description and acreage of the two parcels of land in the confirmed grant are corrected as prayed in the summons for rectification dated 4/4/2022.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of M’Kairiama M’Araniu alias M’Kairiama Maranju –Deceased (Succession Cause 126 of 2013) [2022] KEHC 14063 (KLR) (21 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14063 (KLR)
Republic of Kenya
In the High Court at Meru
Succession Cause 126 of 2013
EM Muriithi, J
October 21, 2022
IN THE MATTER OF THE ESTATE OF M’KAIRIAMA M’ARANIU Alias M’KAIRIAMA MARANJU –DECEASED
Between
Selesio Mithika Joshua M’Kairiama
Petitioner
and
Patrick Mati Kairiama
Petitioner
Ruling
1. The applicants seek rectification of grant issued on November 18, 2021 to correct the parcel number of an estate asset correctly described as Ithima/Antuambui/xxx measuring 0. 26 ha instead of Ithima/Ntunene/xxx measuring 0. 26 ha as currently shown.
2. The applicants also seek correction of the acreage of Ithima/Ntunene/xxx shown as 0. 4 ha to read 1. 4 ha “as per actual measurement.”
3. The applicants retain the sharing ratios as shown in paragraph 6 of the affidavit in support of the rectification and depone at paragraph 5 thereof that “the aforesaid rectifications are the one being sought herein and the distribution of the estate of the deceased to all the beneficiaries will remain unaffected.”
Orders 4. Being satisfied that the shares of the beneficiaries as shown in the rectified confirmed grant of November 18, 2021, remain unchanged, the court shall make the corrections in the description and acreage of the two parcels of land as prayed by the applicant in the summons for rectification dated 4/4/2022. Order accordingly.
DATED AND DELIVERED THIS 21ST DAY OF OCTOBER 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:Applicant in person.