[2024] KEHC 10786 (KLR)

[2024] KEHC 10786 (KLR)

The court found that the application for rectification of the grant was properly supported and that the amendment sought was justified to accurately reflect the deceased's name. There was no opposition to the application, and the evidence provided was sufficient to warrant the rectification. Accordingly, the court...

Source-derived case information.

Citation
[2024] KEHC 10786 (KLR)
Parties
Applicant: Harpal Kaur
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application E061 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Summons for Rectification of Grant
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Rectification of Grant, Letters of Administration, Confirmation of Grant, Succession Proceedings
Source Language
en
Family and Children Rectification of Grant Letters of Administration Confirmation of Grant Succession Proceedings

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Parties

Harpal Kaur

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration and certificate of confirmation should be rectified to amend the deceased's name.

Ratio Decidendi

The court found that the application for rectification of the grant was properly supported and that the amendment sought was justified to accurately reflect the deceased's name. There was no opposition to the application, and the evidence provided was sufficient to warrant the rectification. Accordingly, the court exercised its discretion under the Law of Succession Act to allow the rectification of the letters of administration and the certificate of confirmation of grant to reflect the correct name of the deceased as Mohinder Singh Nihal Brah alias Mohinder Singh Brah.

Court Disposition

application allowed

Orders

  • The letters of administration and the certificate of confirmation of grant issued herein are hereby rectified and the name Mohinder Singh Nihal Brah is hereby amended accordingly to read Mohinder Singh Nihal Brah alias Mohinder Singh Brah.
  • Letters of administration and certificate of confirmation of grant to issue accordingly.