[2023] KEHC 27340 (KLR)
The court found that the application for rectification of the Certificate of Confirmation of Grant was merited, as it was supported by evidence of typographical errors and the consent of all beneficiaries. The court exercised its discretion under Section 74 of the Law of Succession Act to correct the errors in the...
Source-derived case information.
- Citation
- [2023] KEHC 27340 (KLR)
- Parties
- Applicant: Beneficiaries of the Estate of Simon Pere Ole Mepukdri
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E032 of 2022
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- SN Mutuku
- Legal Topics
- Rectification of Grant, Typographical Errors, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beneficiaries of the Estate of Simon Pere Ole Mepukdri
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant should be rectified to correct typographical errors in the names of beneficiaries and allocation of plots.
- 2 Whether all beneficiaries have consented to the proposed rectifications.
Ratio Decidendi
The court found that the application for rectification of the Certificate of Confirmation of Grant was merited, as it was supported by evidence of typographical errors and the consent of all beneficiaries. The court exercised its discretion under Section 74 of the Law of Succession Act to correct the errors in the names of beneficiaries and the allocation of plots, ensuring the grant accurately reflected the intentions and entitlements of the parties. There was no opposition to the application, and the rectifications did not prejudice any party.
Court Disposition
Application for rectification of grant allowed.
Orders
- Certificate of Confirmation of Grant rectified as specified in the ruling, including corrections to names and allocation of plots.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Simon Pere Ole Mepukdri (Deceased) (Succession Cause E032 of 2022) [2023] KEHC 27340 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 27340 (KLR)
Republic of Kenya
In the High Court at Kajiado
Succession Cause E032 of 2022
SN Mutuku, J
November 2, 2023
Ruling
1. This Ruling relates to the Summons for Rectification of the Grant (the Application) dated 22nd August 2023. The Application was necessitated by the numerous typographical errors as shown in the annexed copies of the Certificate for Confirmation of the Grant marked ‘MJD1’, attached to the Supporting Affidavit of the Beneficiaries sworn on 22nd August 2023 and ‘MJD2’ attached to the Supplementary Affidavit of the Beneficiaries sworn on 22nd September 2023. All the beneficiaries have consented to rectification.
2. I have considered this application and allow Prayer 2 in the following terms:a.(i) Item 12 in the Certificate of Confirmation (Title No. Ngong/Ngong53873) Daniel Kinyanjui Pere shall get Plot Nos 4, 7 & 14 and Micky Robert Ngure Salaon Pere shall get Plot Nos 6, 9 &16. ii.The name of Henry Kiarie Peter is corrected to read Henry Kiarie Pere.b.Item No. 31 in the Certificate of Confirmation (Title No. Ngong/Ngong/34458) on the last column, the name of Henry Kairie Pere is corrected to read Henry Kiarie Pere.
3. Item No. 34 (Title No. Ngong/Ngong/5484) on Part 6, Johnston Bull Mukono Pere shall get Plots C & G measuring 0. 10Ha; on Part 7 Henry Kiarie Pere shall get Plot Nos A, B & H measuring 0. 20Ha.
4. Item No. 37 (Title No. Ngong/Ngong/21356) on Part 6 Johnston Bull Mukono Pere shall get Plots J, M & P and Henry Kiarie Pere shall get Plot Nos H, L & N.
5. The name of Nancy Irene Siamanda is corrected to read Nancy Irine Siamanda Pere.
6. Item 31, last column in the Certificate of Confirmation of Grant is corrected to read “In the joint names of Margaret Waithera Pere and Henry Kiarie Pere absolutely”.
7. Item No. 39, last column in the Certificate of Confirmation of Grant, is corrected to read “In the joint names of Margaret Waithera Pere & Nancy Irine Siamanda Pere absolutely”.
8. Costs shall be in the cause.
9. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 2ND NOVEMBER 2023. S. N. MUTUKUJUDGE