[2018] KEHC 703 (KLR)
The court found that the name of the deceased as published in the gazette notice was Naomi Wanjiru Karuga, not Naomi Wanjiku Karuga, and that the error in the grant was clerical. The court allowed the rectification to reflect the correct name and confirmed the grant of letters of administration to the applicants, as...
Source-derived case information.
- Citation
- [2018] KEHC 703 (KLR)
- Parties
- Applicant: Charles Karuga Kiriti; Applicant: John Njunge Muchuku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 399 of 2017
- Procedural Posture
- Succession Cause / Ruling on Confirmation and Rectification of Grant
- Outcome
- grant confirmed and rectified
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Karuga Kiriti
Applicant
John Njunge Muchuku
Applicant
Procedural Posture
Succession Cause / Ruling on Confirmation and Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed.
- 2 Whether the rectification of the deceased's name in the grant is warranted.
Ratio Decidendi
The court found that the name of the deceased as published in the gazette notice was Naomi Wanjiru Karuga, not Naomi Wanjiku Karuga, and that the error in the grant was clerical. The court allowed the rectification to reflect the correct name and confirmed the grant of letters of administration to the applicants, as there was no substantive objection or dispute regarding the administration of the estate or the identity of the administrators.
Court Disposition
grant confirmed and rectified
Orders
- The summons for rectification is allowed; the name of the deceased is rectified to read Naomi Wanjiru Karuga.
- The grant of letters of administration issued to Charles Karuga Kiriti and John Njunge Muchuku on 30.6.2017 is confirmed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 399 OF 2017
IN THE MATTER OF THE ESTATE OF NAOMI WANJIRU KARUGA- DECEASED
RULING
1. The Application coming for consideration in this Ruling is the one dated 14th December 2018 and the summons for rectification dated 30. 11. 2018.
2. The Summons for Confirmation of grant is seeking orders that the letters of Administration Intestate made to the Applicants herein Charles Karuga Kiriti and John Njunge Muchuku on 30. 6.2017 be confirmed.
3. The summons for rectification is seeking for orders that the name of the deceased be rectified to read NAOMI WANJIRU KARUGA instead of NAOMI WANJIKU KARUGA.
4. The summons for rectification is accordingly allowed as the same is an error since the name of the deceased in the gazette notice dated 26. 5.2017 is NAOMI WANJIRU KARUGA and not NAOMI WANJIKU KARUGA.
5. The grant of letters of Administration issued to CHARLES KARUGA KIRITI and JOHN NJUNGEI MUCHUKU on 30. 6.2017 be and is hereby confirmed.
6. I further order that the same be rectified so that the name of the deceased can read NAOMI WANJIRU KARUGA – DECEASED. The amended grant to issue accordingly.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 18TH DAY OF DECEMBER 2018
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI