[2021] KEHC 6080 (KLR)
The court found that the rectifications sought were limited to correcting the names of beneficiaries and the bank account number, and that all relevant parties had been served with the application. There was no objection to the rectification, and most beneficiaries had signed a consent to confirmation of grant. The...
Source-derived case information.
- Citation
- [2021] KEHC 6080 (KLR)
- Parties
- Applicant: Dorcas Igoki Muguna; Respondent: Catherine Nkirote Muguna; Respondent: Pauline Karoki Muguna; Respondent: Francis Ikunda Koome; Respondent: Rose Kinya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 21 of 2017
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- EM Muriithi
- Legal Topics
- Succession, Rectification of Grant, Confirmation of Grant, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Igoki Muguna
Applicant
Catherine Nkirote Muguna
Respondent
Pauline Karoki Muguna
Respondent
Francis Ikunda Koome
Respondent
Rose Kinya
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to correct errors in the names of beneficiaries and bank account number.
- 2 Whether proper service was effected on all beneficiaries and whether there was any objection to the rectification sought.
Ratio Decidendi
The court found that the rectifications sought were limited to correcting the names of beneficiaries and the bank account number, and that all relevant parties had been served with the application. There was no objection to the rectification, and most beneficiaries had signed a consent to confirmation of grant. The court was satisfied that the requirements for rectification under Section 74 of the Law of Succession Act had been met, and therefore allowed the application for rectification of the Certificate of Confirmation of Grant in the terms sought by the applicant.
Court Disposition
application allowed
Orders
- The Petitioner/Applicant’s application dated 9th February 2021 is allowed.
- The Certificate of Confirmation of Grant dated 14th April 2021 is to be rectified in terms of paragraph 7 of the Petitioner’s/Applicant’s affidavit sworn on 9th February 2021.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 21 OF 2017
IN THE MATTER OF THE ESTATE OF M’MUGUNA M’KIAMBATI (DECEASED)
DORCAS IGOKI MUGUNA………..…………………..PETITIONER/APPLICANT
RULING
1. On 14th April 2020, this Court issued a Certificate of Confirmation of Grant with respect to the Estate of the deceased. Claiming that there were some errors on some of the details on the grant, the Petitioner/Applicant filed an application dated 9th February 2021 seeking rectification and amendment of the letters of administration so issued, in terms of paragraph 7 of the Affidavit in support of the summons annexed thereto.
2. The Court ordered for the application to be served on all the beneficiaries and that the same be heard on 7th April 2021. There is an affidavit of service on record confirming service of the application on CATHERINE NKIROTE MUGUNA, PAULINE KAROKI MUGUNA and FRANCIS IKUNDA KOOME.
3. One of the beneficiaries namely Rose Kinya wrote a letter to the Court dated 31st March 2021 indicating that she has no objection to the summons for rectification of grant and though she would have wanted to attend Court, she could not do so due to the lockdown that was in place then.
4. The rectification sought are with respect to the names of the beneficiaries and the Bank Account Number at Standard Chartered Bank.
5. There is a consent to confirmation of grant signed by 13 beneficiaries with the exception of the aforementioned 4 at paragraph 2 and 3 above, who were served.
6. The Court has looked at the rectifications sought and is satisfied that the same only relates to the names of the beneficiaries and bank account numbers as indicated in the affidavit.
ORDERS
7. Accordingly, for the reasons set out above, the Court makes the following orders: -
i) The Petitioner/Applicant’s application dated 9th February 2021 is hereby allowed.
ii) The Certificate of Confirmation of Grant dated 14th April 2021 be rectified in terms of paragraph 7 of the Petitioner’s/Applicant’s affidavit sworn on 9th February 2021.
iii) There shall be no order as to costs.
Order accordingly.
DATED AND DELIVERED ON THIS 10TH DAY OF JUNE, 2021.
EDWARD M. MURIITHI
JUDGE
Appearances:
M/S Kiautha Arithi & Co. Advocates for the Petitioner/Applicant
M/S Carlpeters Mbaabu & Co. Advocates.