[2020] KEHC 3389 (KLR)

[2020] KEHC 3389 (KLR)

The court found that the application for further rectification of the confirmed grant was merited, as the inclusion of the various names used by the deceased in his transactions was necessary to enable the processing of the legacies left behind. The court exercised its discretion under the Law of Succession Act to...

Source-derived case information.

Citation
[2020] KEHC 3389 (KLR)
Parties
Applicant: Joyce Waithira Kimani; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 3196 of 2014
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Judges
A Ali-Aroni
Legal Topics
Rectification of Grant, Administration of Estates, Variation of Grant
Source Language
en
Family and Children Rectification of Grant Administration of Estates Variation of Grant

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Summary, issues, holding and outcome

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Parties

Joyce Waithira Kimani

Applicant

__MISSING__

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the confirmed grant should be further rectified to include the various names used by the deceased in his transactions.

Ratio Decidendi

The court found that the application for further rectification of the confirmed grant was merited, as the inclusion of the various names used by the deceased in his transactions was necessary to enable the processing of the legacies left behind. The court exercised its discretion under the Law of Succession Act to allow the rectification, ensuring that the administration of the estate could proceed without impediment due to discrepancies in the deceased's names.

Court Disposition

Application for rectification of grant allowed.

Orders

  • Prayer 1 of the application dated 11th October, 2019 is allowed; the confirmed grant is further rectified to include the various names used by the deceased in his transactions.
  • Costs in the cause.