[2021] KEHC 7427 (KLR)
The court found that the correction sought by the applicant was a clerical error regarding the title number of a property listed in the Certificate of Confirmation of Grant. Applying Rule 43 of the Probate and Administration Rules, the court held that such corrections are permissible as long as they do not affect...
Source-derived case information.
- Citation
- [2021] KEHC 7427 (KLR)
- Parties
- Applicant: Antony Irungu Waithaka
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 500 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application to Rectify Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Probate and Administration, Rectification of Grant, Correction of Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Irungu Waithaka
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Rectify Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the court should allow correction of the title number in the Certificate of Confirmation of Grant under Rule 43 of the Probate and Administration Rules.
Ratio Decidendi
The court found that the correction sought by the applicant was a clerical error regarding the title number of a property listed in the Certificate of Confirmation of Grant. Applying Rule 43 of the Probate and Administration Rules, the court held that such corrections are permissible as long as they do not affect the substance of the grant. The court was satisfied that the correction was meritorious and did not prejudice any party or alter the substantive rights under the grant. Accordingly, the application was allowed and the certificate rectified to reflect the correct title number.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 27/07/2020 is rectified to read NANYUKI MARURA BLOCK 1/749 (ICHUGA).
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 500 OF 2007
IN THE MATTER OF THE ESTATE OF THE LATE
SAMUEL WAITHAKA GACHANJA (DECEASED)
ANTONY IRUNGU WAITHAKA .............PETITIONER/APPLICANT
RULING
1. The applicant has filed an application under the provisions of Rule 43 (1) of the Probate and Administration Rules and seeks to correct the title number of one of the properties listed on the Certificate of Confirmation of Grant, issued on the 27/07/2020.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicant and dated
11/01/2021.
3. The applicant seeks to correct the Title Number, from NANYUKI MARURA BLOCK1/79 (ICHUGA) to NANYUKI MARURA BLOCK 1/749 (ICHUGA)
4. The applicable law is found at Rule 43 of the Probate and Administration Rules – which allows for the correction of errors provided that it does not affect the substance of the Grant.
5. Upon reading the application and hearing the submissions of the applicant appearing in person this court is satisfied that the correction to include the correct title number of the property is as envisaged under the provisions of the above Rule 43. The application is found to be meritorious and is hereby allowed.
6. The Certificate of Confirmation of Grant issued on 27/07/2020 is hereby rectified to read NANYUKI MARURA BLOCK 1/749 (ICHUGA)
Orders Accordingly.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 4TH DAY MAY, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE