[2025] KEHC 3329 (KLR)
The court held that Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules empower the court to rectify errors in names and descriptions in grants of representation. The applicants demonstrated that the errors in the Certificate of Confirmation of Grant related to the names of...
Source-derived case information.
- Citation
- [2025] KEHC 3329 (KLR)
- Parties
- Applicant: Rachel Njeri Kamau; Applicant: Philip Ndung’u Kairu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2580 of 1995
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- EKO Ogola
- Legal Topics
- Rectification of Grant, Errors in Names, Probate and Administration, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Njeri Kamau
Applicant
Philip Ndung’u Kairu
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the Certificate of Confirmation of Grant to correct errors in the names of beneficiaries and property description.
- 2 Whether the applicants have satisfied the requirements under Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules.
Ratio Decidendi
The court held that Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules empower the court to rectify errors in names and descriptions in grants of representation. The applicants demonstrated that the errors in the Certificate of Confirmation of Grant related to the names of the beneficiaries and the description of the property, which fall squarely within the scope of rectification contemplated by the law. The court found that the threshold for rectification had been met and allowed the application as prayed, ordering the rectification of the Certificate of Confirmation of Grant accordingly.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 6th December 1996 and rectified on 9th March 2018 shall be further rectified to amend the names of the children and the property description as prayed in the summons for rectification dated 21st January 2025.
- Costs be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Nicholas Kamau Kariba (Deceased) (Succession Cause 2580 of 1995) [2025] KEHC 3329 (KLR) (Family) (11 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3329 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 2580 of 1995
EKO Ogola, J
March 11, 2025
IN THE MATTER OF THE ESTATE OF NICHOLAS KAMAU KARIBA (DECEASED
In the matter of
Rachel Njeri Kamau
1st Applicant
Philip Ndung’u Kairu
2nd Applicant
Ruling
1. What is before this court for determination is a summons for rectification of a grant dated 21st January 2025. The applicants pray for the Certificate of Confirmation of grant issued on 6th December 1996 and rectified on 9th March 2018 be rectified in the following way:a.That the names of the children be amended as follows:i.Josephine Wambui to read Josephine Wambui Kamauii.Miriam Wanjiru to read Miriam Wanjiru Kamauiii.Bernice Wairimu to read Bernice Wairimu Kamaub.Title No. Dagoretti/Riruta/2226 to read as Nairobi/Block 66/2226 formerly (Dagoretti/Riruta/2226)Name Description Of Property Share OF Heirs
Rachel Njeri Kamau Dagoretti/Riruta/2226 to read as Nairobi/Block 66/2226 (former Dagoretti/Riruta/2226) Josephine Wambui to read Josephine Wambui KamauMiriam Wanjiru to read Miriam Wanjiru KamauBernice Wairimu to read Bernice Wairimu Kamauc.That costs be in the cause.
2. Rectification of grants is provided for in Section 74 of the Law of Succession Act, and Rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows:“74. Errors may be rectified by court:
Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.”
3. Rule 43(1) provides as follows:“Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of death of the deceased or, in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was made.”
4. From the language of section 74 and Rule 43(1), the scope of rectification of grants of representation is limited to errors in names and descriptions of property. The applicants have met the threshold as stipulated in Section 74 and Rule 43(1) aforementioned.
5. The upshot is that the Summons for Rectification dated 21st January 2025 is allowed. The Certificate of Confirmation of Grant be rectified as prayed. Costs be in the cause.Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11THDAY OF MARCH 2025……………………………………….E.K. OGOLAJUDGEIn the presence of:Ms. Njoki for the ApplicantsMs Gisiele M court Assistant