[2015] KEHC 468 (KLR)
The court found that there was no serious opposition to the application for rectification of the certificate of confirmation of grant. The respondent's affidavit did not address the substantive issues raised. The court exercised its discretion to allow the rectification as prayed, including the substitution of...
Source-derived case information.
- Citation
- [2015] KEHC 468 (KLR)
- Parties
- Respondent: John Murithi Njuguna
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1475 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Substitution of Beneficiaries, Confirmation of Grant, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Murithi Njuguna
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to substitute deceased beneficiaries and correct errors in beneficiaries' names.
- 2 Whether the Deputy Registrar should be authorized to execute relevant documents due to non-cooperation.
Ratio Decidendi
The court found that there was no serious opposition to the application for rectification of the certificate of confirmation of grant. The respondent's affidavit did not address the substantive issues raised. The court exercised its discretion to allow the rectification as prayed, including the substitution of deceased beneficiaries and correction of errors in names. Additionally, due to non-cooperation, the court authorized the Deputy Registrar to execute the relevant documents to ensure the administration of the estate proceeds without undue delay. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- The application for rectification of the certificate of confirmation of grant is allowed as prayed.
- The Deputy Registrar is authorized to execute the relevant documents.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1475 OF 1994
IN THE MATTER OF THE ESTATE OF NJUGUNA NJENGECHI (DECEASED)
RULING
The application dated 20th December 2013 seeks rectification of certificate of confirmation of grant dated 7th December 1994 to substitute dead beneficiaries and correct errors on the names of some of the beneficiaries, and, as there has been alleged non-cooperation, to obtain orders that the Deputy Registrar of the court be authorized to execute the relevant documents.
There is an affidavit sworn by John Murithi Njuguna in reply to the application. It indicates that he opposes the application, but he does not address the pertinent issues raised in the application.
It is my finding that there is no serious opposition to the said application. I am inclined to allow it, and I do hereby allow the same as prayed. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 18TH DAY OF DECEMBER, 2015.
W. MUSYOKA
JUDGE