[2021] KEHC 577 (KLR)
The court found that the proposed rectification to add the words 'to be registered jointly and shared equally' was unnecessary because the existing Certificate of Confirmation of Grant already adequately provides for equal sharing of the estate. The addition of the proposed words would not alter the substance or...
Source-derived case information.
- Citation
- [2021] KEHC 577 (KLR)
- Parties
- Applicant: Applicants; Respondent: Respondents
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 37 of 2018
- Procedural Posture
- Succession Cause / Ruling on Withdrawal of Application for Rectification of Grant
- Outcome
- Application for rectification withdrawn; Summons dated 24th June 2021 marked as withdrawn; costs in the cause.
- Judges
- FM Mutuku
- Legal Topics
- Succession, Rectification of Grant, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants
Applicant
Respondents
Respondent
Procedural Posture
Succession Cause / Ruling on Withdrawal of Application for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to include the words 'to be registered jointly'.
- 2 Whether the application for rectification should be withdrawn as requested by the applicants.
- 3 Whether the addition of the proposed words materially alters the effect of the grant.
Ratio Decidendi
The court found that the proposed rectification to add the words 'to be registered jointly and shared equally' was unnecessary because the existing Certificate of Confirmation of Grant already adequately provides for equal sharing of the estate. The addition of the proposed words would not alter the substance or effect of the grant. The court therefore allowed the withdrawal of the application for rectification and marked the Summons dated 24th June 2021 as withdrawn. Costs were ordered to be in the cause.
Court Disposition
Application for rectification withdrawn; Summons dated 24th June 2021 marked as withdrawn; costs in the cause.
Orders
- The Summons dated 24th June 2021 is marked as withdrawn.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE HIGH COURT OF KENYA AT KAJIADO
SUCCESSION CAUSE NO. 37 OF 2018
IN THE MATTER OF THE ESTATE OF MURIITHI MUGO (DECEASED)
RULING
There are three matters pending intervention by the court. The first one is the Summons dated 24th June 2021. It is seeking to rectify the Certificate of Confirmation of Grant issued on 18th February 2020. The rectification they wish made is in respect of the words “to be registered jointly”. The second issue is a Notice to Withdraw the Summons dated 24th June 2021. The Notice is filed by the Applicants in person. It is dated 27th August 2021. The third issue is the Summons dated 21st September 2021 seeing to withdraw the Summons dated 24th June 2021 as well as to allow the firm of M/s Macharia Gikonyo & Co. Advocates to come on record for the Applicants. I have considered the reasons advanced for withdrawing the Summons dated 24th June 2021.
I have noted that the Grant directs that the Estate of the deceased shall be shared equally. The Applicant sought to have the Grant rectified by adding the words To be registered jointly and shared equally” which words differ from the wording of the order issuing the Grant. As submitted by counsel, these words do not add value to the Grant because it is adequate to state that the estate shall be shared equally.
I have considered the matter and I find merit in the argument. There is no need to rectify the grant to add those unnecessary words. I will allow the Summons for Withdrawal of the Application for rectification of the grant. The Summons dated 24th June 2021 is hereby marked as withdrawn. Costs shall be in the cause. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED THIS 3RD DAY OF NOVEMBER 2021.
S.N. MUTUKU
JUDGE