[2015] KEHC 460 (KLR)
The court held that the application for rectification was, in substance, an application for review or variation of the confirmed distribution of the estate, not a mere correction of an error. Such a variation requires the concurrence of all interested parties, which was lacking in this case. The court was not...
Source-derived case information.
- Citation
- [2015] KEHC 460 (KLR)
- Parties
- Applicant: [Name not provided]; Respondent: [Name not provided]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1190 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Name not provided]
Applicant
[Name not provided]
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant can be rectified to redistribute the estate without the concurrence of all interested parties.
- 2 Whether the application amounts to a correction of an error or a substantive variation of the court's previous orders.
Ratio Decidendi
The court held that the application for rectification was, in substance, an application for review or variation of the confirmed distribution of the estate, not a mere correction of an error. Such a variation requires the concurrence of all interested parties, which was lacking in this case. The court was not satisfied that the process was sought with the agreement of all those interested in the estate, and therefore, the orders sought could not be granted. The application was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 10th April 2014 is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1190 OF 2007
IN THE MATTER OF THE ESTATE OF MWANGI KOMO RUHANGI (DECEASED)
RULING
The application dated 10th April 2014 seeks rectification of the certificate of confirmation of grant dated 30th September 2008.
The proposed rectification ideally aims at the redistribution of the estate on the grounds that the applicant’s side of the family had not received their proper due.
The application is opposed by the other side of the family. The said application is at the instance of only one of the two administrators, and it is without the consent of the other.
An application to redistribute the estate or to vary the distribution is really an application for review of the orders on the confirmation of the grant. It should be handled in much the same way as a confirmation application. The other parties or survivors of the deceased must concur to the redistribution or the changes being proposed. It is not something that can be done ex parte.
In the present case, I am not satisfied that the process of rectification is sought with the concurrence of all those interested in the estate. It is not about correcting an error as suggested by the applicant, rather it asks for a variation of the distribution that was passed by the court on 30th September 2008.
I am not satisfied that the orders sought are available for granting. The application dated 10th April 2014 is therefore hereby dismissed.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.
W. MUSYOKA
JUDGE