[2023] KEHC 25410 (KLR)
The court found that the error in the Certificate of Confirmation of Grant was a misdescription of the deceased's asset, which is rectifiable under section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The court held that rectification is appropriate to correct such errors...
Source-derived case information.
- Citation
- [2023] KEHC 25410 (KLR)
- Parties
- Applicant: Jemmimah Wambui Gitau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 389 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Summons for rectification of grant allowed.
- Judges
- EKO Ogola
- Legal Topics
- Rectification of Grant, Succession Procedure, Errors in Grant, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jemmimah Wambui Gitau
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 an error in the description of the deceased's asset.
Ratio Decidendi
The court found that the error in the Certificate of Confirmation of Grant was a misdescription of the deceased's asset, which is rectifiable under section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The court held that rectification is appropriate to correct such errors and allowed the summons, ordering that the grant be amended to reflect the correct asset as KCB Bank account No. xxxx instead of Kenya Commercial Bank ordinary shares A/C No. xxxx.
Court Disposition
Summons for rectification of grant allowed.
Orders
- The Certificate of Confirmation of Grant issued on 4th July 2005 is rectified to change 'Kenya Commercial Bank Ordinary shares A/C No. xxxx' to 'KCB Bank No. xxxx'.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Paul Gitau Ndirangu (Deceased) (Succession Cause 389 of 2004) [2023] KEHC 25410 (KLR) (Family) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25410 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 389 of 2004
EKO Ogola, J
November 16, 2023
In the matter of
Jemmimah Wambui Gitau
Administrator
Ruling
1. What is before this Court is Summons for Rectification of grant dated 12th April 2022. The administrator of the deceased estate, Jemmimah Wambui Gitau prays for the Certificate of Confirmation of Grant issued on 4th July 2005 be rectified. The administrator stated that the deceased bank account KCB Bank No. xxxx was erroneously stated as Kenya Commercial Bank ordinary shares A/C No. xxxx. Annexed to the summons is a copy of a cancelled bank cheque as proof that KCB Bank account No. xxxx belongs to the deceased.
2. Section 74 of the Law of Succession Act empowers the Court to make rectification of a grant of representation whether before or after confirmation. The provision stipulates as follows: -“Errors in names and descriptions, or in setting out 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. Furthermore, Rule 43(1) of the Probate and Administration Rules provides that:-“43(1)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 of descriptions of any person or thing or as to the time or place of the death of the deceased or, in he 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 issued.”
4. From the aforementioned provisions, rectification is allowed in order to correct a misdescription of a property or to correct a name which has not been fully or properly described in the grant. I hereby allow the Summons for rectification dated 12th April 2022. The Certificate of Confirmed Grant issued on 4th July 2005 is hereby rectified as follows:a.Kenya Commercial Bank Ordinary shares A/C No. xxxx be rectified to read as KCB Bank No. xxxx.b.Cost be in the causeIt is so Ordered.
DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF NOVEMBER, 2023. E.K. OGOLAJUDGEIn the presence of:The applicant in personGisiele Muthoni Court Assistant